Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-21
LEGAL.
Decision of the Supreme Court of Ten
nessee, at Nashville. December Term

Decision of ghc Supreme Court OF zen
nessee, at Nashville. Decenber Term
1897.
Reported for the Union and Dispatch. by 5. ).
Henderson, Attorney at Law.
lsr. Coyrrsr or FOREIGN WHL.-Sestion 2l9O Of
the Code provides a. follows: Any person in
terested 10 contest the validity Of such will,
may do so in the same manner az though II
had been originally presented Cor probate m
said court" Held that the right conferred by
this section Of the Code to contest in the
courts Of this State. the validity of wills pro
bated ia a foreign State, is limited to wills OF
real or immoyable property
ID CHANGE oF DOHCm.-"To constitute
change of domicil, the fact musS eoncur with
the intention. The domicil Of The husband
draws 10 it the domicil Of the WIFE
30. Where the judgment or de-
cree of the County Judge would be nothing
but the conclusion Of law upon the facts. the
entering up Of the proper judgment must be
REGARDED in IL nature ministerial" and il in
such case the County Judge refuses to act
naH9omls would be the proper method oil re
dress
Thomas C. Williams aa W; A. Glenn, Judge
etc, n az.
This IL An apulieation 30 the presiding Judge
Of the ninth Judicial Circuit, for a n'dhd0Htus 10
compel " A. Glenn, Judge Of the county Court
Of Davidson county. 90 order, an has ohclal ca
pacity certified copy Of the last wall ana tes'a-
inent Of CYNTHIA p. Williams, 20 be recorded, m
order that letters tcstamcntary may issue
thereon.
date the 18th Of July. 1860, and purports 20 con
vey absolutely 20 the reiator. who was the nus
band Of the testTatTiX, and l5 the executor
named in the will, all tho property both real
.Hs.fv IN d aBs A4al
or TO which she had any right title, or interest
On Tic gth day Of July, 1866. the original
will was proven m common form before tue
" Regisfer of Wills in the city and county Of
Philadelphia by two Of the subscribing witnesses
m person, and by proof Of the handwriting
Of the third, and admitted 10 record according
20 all the forms OF law ln the state oi fennsyl,
vania and an official copy thereof duly certified
under the act of Congress approved May the
Eth. 1890 wa presented IN the County Court Of
Davidson county as before stated. for record
The rclstor alleges that the city and county
81 Philadelphia was the last place of the testa-
triN' slresidcnce, and her domlcll at the time OF
her death and that said will contains certain
dcyises Of roal estate IN the state OF Tennessee,
and elsewhere, also bcquests OF large amount
OF debts, chooses IA action, ETC., against ana IN
the hands of parties resident m the county oi
Davidson and state ut tennessee, Whlch the
executor cannot collect without letters te7ta-
mcutary granted in said State.
IL further appears In the petition that the ap-
Tennessee. was made by the executor m person
on the 10Th of June 800. whish was refused for
the following reasons, a. set out IN exhibit A
10 the petition
This day Thomas C. Williams appeared in
open court aud presented u duly certified copy
Of what puTportcd 90 be the last wall and testa-
ment Of Cynthia 7. Williams, deceased and
which purpOrt7 10 have been duly admitted 90
probate in the city and county Of Philadelphia,
and State of Peunsylyaula; but the County
Court being of opinion that Il was necessary 10
prove the same as an original Will m the state
Of Tennessee. doth refuse said Application TO ad-
init said certified copy 10 record; and also re
fused 20 grant letters teStamentAry TO SAID wa
hams, rs executor Of said will.
This order was not entered upon the records
Of the County Court, but as it seems superin-
ducei the application for "A fHGH1aWUs 60 com
pei the County Judge TO receive and admit 70
record the certified copy OF the wall m question,
the Circuit Judge issued an alternative m0Hda-
0isE, and, upon motion, admitted Narclssa T.
Saunders aud John =. Saunders, who are the
brother and sister of the testatTiN, and claim an
interest. next of kin. IN the real and personal
estate included in her viii. 20 appear an answer
the petition. The County Judge, and jshn h,
and Narcissa =. Saunders answer separately;
the former admits substantially the allegations
IN the petition, except rs TO the domicll OF the
testatTiN at tho time of her death, but assigns
a. d reaAon for not admitting the Will 10 record
that prior 10 the present application, IN 1866,
the relator had presented "A certified copy of said
will 90 the County Court of Davidson county for
record. when his co-detendants, John e. and
tatgiN, appeared and contested the validity of
the will, which wa under the forms of law, Ger
tilted 20 the Circuit Court uf said county. 10 be
tried under an issue OF ur rteUDcf Get non, and
that NJ the time Of its second presentation, on
the 10Th of June. 1867, he had NO official knowi-
edge that that issue had been found ia favor of
the validity OF the val gn the contrary, as it
afterwards transpired. the issue had been found
before the second presentation oi the viii 60
the County Court, by Jury OF the county,
against the validity of the viii. aud therefore
a 4 ~ q
cord, and issue letters testameutary thereon.
The other defendants. John r. and NaTri.sa
Z. Saundcrs, answered Jointly. and claim. as be
fore shown, Go be the brother aud sister of the
testatr:x and nllege that she was born and
raised IN Tennessee, and that her entire estate.
except some lands ia Mississippi, aud her per
sonal apparel Jewels. paintings, etc, at her
death, was situated M the state ot Tennessee.
She married IN MAY, 1865. and IN the following
June her husband the relator. made. and caused
20 be proven and registered in the county OF Da-
wilson deed Of settlement upon has wife, tes-
tatrix. whereby he conveyed all the real aud
personal estate. moneys chooses IN action, OF
every kind and description, 10 which she was.
prior 20 her marriage OF 20 which she might
thereafter become entitled. by gin devise, OF
inheritance, rom all persons whatsoever, except
him self 10 the sole aud separate use OF his said
wife, free from the future debts, contracts. or
liabilities of himself, OF those claiming through
OF under hun. with an unlimited power of use
and disposition.
The viii, as It appears. was made in Tennes-
lator, and soon thereafter he aud the tcstatriN
visited Philadelphia the residence of the parents
OF the husband, and while there she gave birth
% child, and shortly thereafter died. the child
having died before its mother.
The defendants, John r.. and Narcissa p.
saunders, rely ON the verdict OF the jury aud
Judgment OF the Circuit CoRFt of Davidson coun-
y settng aside the wall ln question, and deny
that Philadelphia was the Gxed residence and
dgmlcil OF the tcstat0r At the time OF her death
Tue proof shows that the relator, Rt the time
NHN. nHanN Tot
army, and that he had no fixed place OF resi-
ogncc except his father 5 house In Philadelphia,
sueiethe testatriN died. After has marriage he
frequently spoke OF fixing has residence ia Ten
nessee but shortly before his wiio's death both
ne ana ms wife are shown o. have been look ipc
~ sul'gnlc property 90 purchase ia the city OF
home ''N'''
OudeT this state of facts the court. upau mo-
uNh. dismissed the petition and rolu-ci a per
appealed ia error Go this CONT ''''''s
The case has been argued with lr.af -.,l .,.,.l
mucn helhN on both sides. aud the 1ursfians
involved are somewhat novel ir ms So. -
not altogether without the Iirbf I'd r,,1t ~. wv
The question most ciabUratel,. -{,s,,-..,l -
upon Nhlen me rgal merits Of tho case re.fs
arises out 81 the eject o. be- given 10 tho rr,ls,
Of the vail in she State of ptuus, lysris - $50
serious difficulty would be presented mn, ~, w
question we're % not for the peculiar phrasr,los,
OF our statutes providing lar the probate of yiI
executed Ia other states. By our Code al n 80
yided that wills executed IN other States ~ !,
any Of the territories, or IN the District af G.
lumbia, shall be proved according 90 the law .f
this State. and certified in the manner prescribed
by the act Of Congress
a copy Of a will 50 certified shalIbc r,5iver.I
m the county where the land lies. aud q CORY
from the books Of the register dulycerii6ei hall
be evidence
And where the last will and testament of
any person dvceascd b. proved M "a court of any
state OF territory 81 the United States or before
the Mayor Of amy cats any person interested may
present = o0IN thereof duly autheutieafel ~
the County Court ut any county an The Sfats
where The land ur Cstate devised OF dlspased sf
by the wall b. situated aud thsrcupau sueb
cOHrt mas srdcr the same % he hled aud re-
corded, ana faid copy when recorded shall
have the same force and effect as III the original
vail had been executed IN tbis State aud proved
and allowed in the courts Of this State %
And such will u proved according 20 the
laWs Of this STATE ~ 90 wills made aud executed
within the limits Of this State shall be suf-
hceut 20 pass lands and other estate" See ser-
tons 2ls2. 2ls3, Pisa PISS.
Sections 2ls6 and Is. provide for the different
manner OF aathentcatlng wills executed beyond
n IH 1T A. 80