Estate of Dunsmuir

Citations

• 2 Coffey 53

Syllabus

<p>Foreign Probate.—Where a Testator was Domiciled in this State at the time of his death, the courts of the forum of the domicile have no authority to admit his will to probate in this jurisdiction, upon the mere production of a duly authenticated copy of the will and the record of its admission to probate in a foreign country or sister state.</p> <p>Foreign Probate.—An Order Admitting a Will to Probate in this Jurisdiction, upon production of a duly authenticated record containing a copy of the will and proving its admission to probate in a foreign country, is, where it affirmatively appears from the record that the testator was a resident of San Francisco at his death, beyond the jurisdiction of the court; and it will, on motion, be set aside as void upon its face.</p> <p>Probate of Will—A Will must, in the First Instance, be Probated in the forum of the domicile, that being the principal, primary and original place of administration. The law of the • domicile governs the admission of wills to probate.</p> <p>Probate of Will.—Statutory Residence, in this State, Constitutes Domicile.—Under the provisions of the code, the words “residence\ and “domicile\ are used synonymously and interchangeably; and a finding that the testator was a resident of San Francisco at the time of his death is, in effect, a finding that he was domiciled there.</p> <p>Foreign Probate—Domestic Wills.—Sections 1322-1324 of the Code of Civil Procedure, authorizing the admission to probate of a will upon production of an authenticated copy of the will and the record of its admission to probate elsewhere, have no application to the case of domestic wills, but apply only to foreign wills; that is, those made in other states or countries by persons domiciled outside this state. The heading of the article of the code in which sections 1322-1324 are contained is to be taken in connection with the sections themselves for the purposes of construction.</p> <p>Probate of Will—Compliance with Statutes.—