Opinion
March 14, 1991
Appeal from the Surrogate's Court, New York County (Renee R. Roth, S.).
The record clearly establishes that respondent met her burden of proof as to decedent's intention to be domiciled in Suffolk County (SCPA 103; Matter of Newcomb, 192 N.Y. 238, 250-251). Intention is determined by the conduct of the person and all the surrounding circumstances (Matter of Ferris, 286 App. Div. 631), which may be proven by acts and declarations (see, Matter of Wendel, 144 Misc. 467). Documentation, including voting records, passport, marriage certificate, driver's license, as well as the testimony adduced, was sufficient to show that it was decedent's intention that his home in Seaview, Fire Island, was to be his domicile, although he only resided there seven months of the year and spent the other months in his two other homes. (See, Matter of Wendel, supra.)
Concur — Murphy, P.J., Milonas, Ross and Asch, JJ.