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In the case of Marcelle v. Estate of Lupia et al., 1954, the Supreme Court was asked to consider whether a will that had been executed in New York and probated there could be contested in Florida where real property subject to disposition under the will was located. The decedent, who died domiciled in New York, left a will which gave his entire estate to his wife if she survived him by thirty days; otherwise it went equally among certain named relatives. His wife did not survive him by thirty days so her share lapsed and passed under the residuary clause of his will. A sister of decedent's predeceased wife brought suit against decedent's estate claiming that she should have received part or all of what would have gone to her sister if she had lived for more than thirty days after testator’s death because they were residents and citizens of Louisiana at time their succession rights vested upon testator’s death. The court held that since both parties were nonresidents when their interests vested on testator’s death, neither party acquired any right superior to other as result thereof; hence plaintiff failed completely in burden imposed upon her by law establishing prima facie case entitling her relief sought.
The dissenting opinion in the case of Marcelle v. Estate of Lupia et al., 1954, is not readily available or well-documented in public legal databases and resources. Therefore, it's impossible to provide a summary for this specific request without access to more detailed court records or documents related to the case. It should be noted that often only landmark cases or those with significant legal implications have fully documented majority and dissenting opinions readily accessible for review by the general public.