The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-23
NORDICA HOME IN
JERSEY, SAYS COURT
Justice Lehman Decides Sing
er's Legal Residence Was
Same as Husbands.

In a decision handed down by supreme
Court Justice Lehman yesterday, refusing
to restain George W. Young. the banker
from seeking to probate the 1910 Will Of
his wife, Nine Lillian Nordica, in Mon
mouth county, y. j., where Mr. Young has
his home, the court ruled that there IL
nothing to show that Nine. Nordica
changed her place OF residence before her
death and that on the evidence presented
her legal residence was in New Jersey.
The decision affects the probate pro-
ceedings brought in this county by Robert
s. Baldwin, nephew OF Nine. Nordica whj
was appointed executor In a will alleged
TO have been executed In January last
to have this document probated here on
the ground that before the singer left FOR
a world tour on which she died sac
changed her residence TO New York.
The alleged last will leaves Mime. Nord-
ica's property TO her sisters and the one
Mr. Young is seeking to probate in New
Jersey gives everything to him He has
also filed a copy OF the alleged last WILL
so that the question as to the anthem
ticity Of this document can be determined
in New Jersey as well as in New York
In the injunction proceeding before
Justice Lehman, which was brought by
by letters from the singer 20 her relatives
expressing unfriendliness toward her
husband, Bainblidge Colby, counsel for
Mr.. Young asked the court to strike
out as irrelevant the letters from his
wife because they had nothing to do with
the proceeding. The court denied this
request on the ground that the state
ments in the letters aid in determining
the place of Mime. Nordcas residence
..g.... l.. g....
against Mr.. Young Justice Lehman thea
said:
I'm this case the court is not asked 10
determine the entire controversy and Is
asked 10 assume jurisdiction for tho sole
puI pose Of Interference In other litGa-
ton. Obviously the plaintiff mus, show
good grounds for such Interference. the
ground for the demand is that double
litigation liz VeNatious.
"ln n sense all litigation that can b.
avoided is veNatious, but no coul; OF
equity has ever assumed to deny Iii
CANT access to the ordinary courts UNI
less it appears that the litigaut Ia bring
ing the proceedings m a court not com-
petent to give full justice or bringing
proceedings which are clearly uurcason-
able"
In Mr.. Colbys brief to the court in
behalf OF Mr.. Young he made this com
mcnt on an aflidavi, by Mr.. Baldwin that
Nine. Nordlca pretended in letters to her
husband to he still on friendly terms with
him In order to try to collect what he
owed her:
The plaintiffs attorneys seek to offset
the effect OF these intimate exchanges OF
man ana wife by suggestion which we
will not permit ourselves to characterize
They say that the letters OF Mime Nordica
10 her husband we're Determinations
OF her true feelings, that she was
acting dual role, that her true
attitude OF mind 'is indicated in tho
letters addressed to her collateral klns-
folk and which we have pointed out eN.
pressly negative in their very terms the
construction placed thereon by the plain
tin,
The eNlsoncies OF our case happily dc
not contain any prompting TO traduce the
character and to hesmirCh the memory oi
n person who has passed away, nor to ask
the court TO reject the evidence OF con
stancy and affection toward her husband
which the deceased has left behind her