The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-02-19

mlnlstered on in that case, was in Louisi- |
ana-that the will relied on. had been |
probated IN Kentucky, and certified to in |
Louisiana, where IT was admitted to record |
and ordered to be cXecuted-the court
proceeds to say the only question which
twas necessary to be decided by the court
Gin the case OF Montgomery and wife vs.
"biilliken and wife, was, whether the
''will was valid. and had been so estab-
''lished by the proper court in Louisiana,
"the judgment Of the court in that State
would be c0ncbta0s on that subject, and
was all that our court could require in
regard to the personal estate"
To enable a party claiming title to pro
perry under a will, to avail himself OF
such will. as evidence of the bcquest, il
must appear to have been regularly pro
bated in the jurisdiction whore the pro
perry is situated, is further illustrated by
the decision Of the court in the case OF
Fatheree and wife vs.. Lawrence-3O Miss.
r. p. 4l6. But in no case has it been de-
cided here or elsewhere in our knowledge,
that property situate within one State
and already disposed of. and administer
ed in its courts, by its laws, can be atfec-
ted by administration, or the want Of 1t,
in another State. Each State has the
right to govern and regulate all the pro-
perty within its limits, without regard TO
| the residence of the owner. 1t has the
right to prohibit and exclude the opera
ton Of the LcE d0H;c'He if it choose TO do
so. But whore such prohibitory laws
! exist, either express in their terms, or Of
most manifest intent the law of the dom
! icIl governs, both rs to transfers, intervi-
| vos. and tcstamentary dispositions. Gar
land, exr. vs.. Rowan, %. 5. & NJ. p. 634-
citing authorities. This rule Of almost
universal recognition, that the law Of the
/ domlcll must furnish other jurisdiction
IN other States or countries. the law by
| which to regulate the succession or dis
| trlbution Of personality, as well as the
validity OF testaments in the relation
! thereto, is a rule of comfy to be enforced
or not, according to the will of each soy
| ereign because all property within its
| limits, must be bound by the laws Of such
| sovereignty. Mahomer vs.. Hooe. q al.
9th $. 4 N. p. PA. In the absence Of
| any positive law of its own, varying this
! rule of comfy, each State in admins
terlng and disposing of personal proper
ty within its jurisdiction. executes and
administers the law Of the testator's dom
icil through its own tribunals Its iudg-
mcnts and proceedings, when regular. ac-
cording to its laws, between parties pro-
perly before it, over property within its
jurisdiction. must be conclusive every
where, as already seen from the citation
of Morris vs. Morris, 9th Miss. p. SOL
judgments of the courts of this State and
| of sister States. stand upon the same foot
| ing and are Of equal validity in this re
| spect they are conclusive inter parties, and
| operate a, an estoppel by the record from
| denying their obligatory force, when the
| jurisdiction of the court atiirmatively APP
pears. Miller, aol. x Ewing, q a., ). &
| NJ. p. 42l. In this case the record shows
| that the parties were personally in court,
and litigated in Louisiana, the matters
| now sought to be brought before our
courts in relation to the validity of this
| will and the rights Of the respective par
| ties under it. That litigation was termi-
mated by the judgment OF the courts in
! Louisiana. and. as we think, rightly, in
! the end. The property was situated there
| and having jurisdiction Of both the pro
! perry and the persons OF these parties
| they cannot be heard 10 rc-litigate i'm our
| courts the matters that have been thus
rightfully adjudicated. Let the order Of
the court below oyerruliuE the demurrer
to complainants bill be affirmed, and cause
remanded for further proceedings.
HARRIS
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Book, ,S,trduL Oct 2ad