The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-01-13

court on. behalf Of respondents Miesen
is reviewed and held to negative the
existence of any m law mar
riage of Dorothea Harnau to Peter
son. Neither she nor Herman ME-
sen. alleged son of deceased. are en-
titled to inherit his estate. They are
without interest in these proceedings
and their petition that his estate be
decreed to them on final distribution
thereof is denied and judgment below
in their favor is ordered vacated.
9. Entries of births. deaths and
matters of family history in a family
bible, though hearsay, are admissible
as past declarations Of matters of
family history concerning vents as to
which the family is presumed to nave
accurate knowledge. when the en-
tries were made by a member Of the
family since deceased or at a time
when there could exist no motive to
deceive.
10. Certified copies of parish rec
ords from Norway of recorded births,
deaths and marriages tending to es-
tablish respondents Ladehol. ct al. to
be heirs of deceased. held inadmissi-
Bile for want of proof as a foundation
for their admission of the foreign law
recurring such registration as an Of
hc1al duty. A foreign law relied upon
as the basis for such testimony must
be proven as a fact, and when the
foreign law exists as Il statute or in
writing oral testimony thereof is in
admissible under both the common
law and our statute section 1891. The
foreign unwritten or common law
may be established by oral testimony.
but where such oral testimony does
not establish the foreign law to exist
as unwritten or common law and
negative the existence of a written
statute, the proof of the foreign law
is insufficient to admit certified cop
les of the foreign official but non-iudi-
cial records.
IL. Such certified copies purported
to be certified by the pastors as keep
ers OF the records, authenticated un-
der seal by district judges as to gen.
men of the pastors signatures
ana that the records were kept pur-
suant to requirements of law. and re-
authenticated by higher church Of
nclals and all certified under seal Of
o &c as to verify of signatures, faith
and credit to be given and as made
under lawful authority in turn by the
American consul resident in Christi
ana Norway, held insufficient to war
rant the reception in evidence of such
documents so certified without fur
Their proof that the foreign law was
not in writing.
12. The federal, state and common
law rules of authorization of docu-
mentary evidence as between the
states and territories Disseminated.
the common law rule as to proof nee.
essary to admit foreign official but
n~on-judicial records not applying
thereto.
u. The proof Of heirship being in
sufficient as to the right of Ladehol,
ct. al. alleged foreign heirs, respond.
ents. to inherit, but it appearing that
on re-trial further testimony might
be offerd and that further opportu-
nifty should be given them to submit
proof OF their relationship to deceased.
this action is remanded to the district
court for re-trial on that issue and
the state. to whom in case of wan Of
heirs the estate escheats. will appear
by the States Attorney of Benson
county or by the attorney general.
Judgment in the county court to be
entered on order of district court.
Syllabus by the court.
Appeal from the district court of
Benson county. Cowan. J. Reversed
and remanded.
Opinion by Goss, J.. Burke, ]. and
Bruce j., being disqualified. Hon w.
II. Winchester. judge of the Sixth judi
cial district. sat by request.