Brown v. Fletcher's Estate

Citations

• 210 U.S. 82
• 28 S. Ct. 702
• 52 L. Ed. 966
• 1908 U.S. LEXIS 1496

Syllabus

<p>The full faith and credit clause of the Federal Coñstitution does not' preclude the courts, of a State in which the judgment of a sister State is presented from inquiry as to jurisdiction of the court by which the judgment is rendered, nor is this inquiry precluded by a recital in the record of jurisdictional facts.</p> <p>Every State has exclusive jurisdiction over property within its borders, and where testator has .property in more than one State each State has jurisdiction over the property within its limits and can, in its own courts, provide for the disposition thereof in conformity with its laws.</p> <p>There is no privity between the executor and an administrator with the will annexed appointed in another State which makes-a decree in a court of ■ such State against the latter binding under the full faith and credit clause of the Federal Constitution upon the former in the courts of the State in which such executor is appointed.</p> <p>Where a party dies pending a suit which is subsequently revived against an administrator with the will annexed appointed in the State in the courts of which the suit is pending, the judgment is binding only upon the parties against which it is revived and who are within the jurisdiction of the court, and the courts of another State are not- bound under the full faith and credit clause of the Federal Constitution to give effect to such judgment against the executors of such deceased party; and this applies to a judgment entered on an arbitration had in pursuance of a stipulation that it should be conducted under control of the court and that it should continue notwithstanding the decease of either party.</p> <p>Qucere as to the effect of the death of either party on an arbitration under a contract of submission made independently of judicial proceedings where the contract provides that the arbitration shall in such event continue and the award be binding upon the representatives, of the deceased party.</p> <p>146 Michigan, 4