Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-21

court OF the Mayor Of any city OF corporation;
and section 2lSS declares such copy so anthem
tieated, or q cory thereof when recorded and
certified by the Clerk Of the court in this State
where the same Is recorded, shall be evidence
Immediately following this section il is pro.
vided when there shall be goods and chattels
in this State. 10 be administered under such
will, The executors, or some one Of them may
qualify as such, and they snall give bond with
suretles as required in cases when the will was
made within the limits ofthis State. and be sub
Ject TO be proceeded against as in other cases -
And persons interested to contest the validity
OF such Will, may do SO in the same manner a.
though 1t had been originally presented for pro-
bate IN said court sections 2lSq 2lq0.
These provisions Of the Code are drawn from
the act Of 1873. ch. 81 and are in substance and
elect the same. Both acts are involved In an
obscurity scarcely capable of an intelligent
construction. No clear distinction Is recognized
between wills OF personally or mOvables, ami
wills Of immoyabls OF real property nor is il de-
clared whether the foreign probate Of a will
shall be fItDi0 tacie evidence Of its validity.
whether the will, when presented for record
here, shall be proven de noUo. 1t is declared to
be open 10 contest in the same manner rs If 1t
had been originally offered for probate here. II
this be 80, and the burden Of re-probating such
a will Is thrown upon the plaintiff. how Is IT TO
be done, II the law Of the State where II Is eX-
ecuted is different from the law Of our state as
10 the capacity Of the testator TO make a Will.
and ~ 10 l0rlnalities Of execution? Cases might
be imagined upon this construction Of the stat
ute that would involve much difficulty, if not
render the act wholly impraciicable.
By the common law there is a well defined dis
tinction between wills Of personally or siO5Q-
bies and wills Of real lAinoD0Jte property. In
the former case the law OF the actual d0mlcil Of
the tesator is to govern. and If the will IS void
by that law, II is "a nuliity everywhere, though
executed with the f0rmalities required by the
law Of the place where the property is locally
situated. There h, says Mr.. Greenleaf IN his
valuable work on evidence, ID vol, sec. Sos, no
difference in this respect between cases of sue
cessiOn by testament and by intestacy, both be-
ing alike governed by the rule mOJitia PersoRam
sequenfer." Story COnft Laws, secs. 467 669 Stan
ley ~. Barnes 3. HOgg Esct. K. 273; Greenleaf,
l34; Yattels Laws Of Nations. vol. 2, chapter s.
| secs. ITO, III; Kent Com, 5l3; Garman on
Wills 266. and Notes.
But in regard 70 wills Of immovable or real
property, 1t appears TO be equally well estab-
lished that the law of the place where the prop
erty Is locally situated Is to govern, to the
pacity or incapacity of the testatOr. the extent
of his power To dispose of his property, and the
forms and solemnities 10 give the will its due
attention and effect. Storys Conft Laws. Sec
47i and authorities there cited; Garman on
Wills; IL, and Perkins Notes; Kent. Com
5l3
ITO be Continued.