Norris v. Harris

Citations

• 15 Cal. 226

Syllabus

<p>A will made in Texas, operating upon property there situated, must be interpreted by the law of that State. To that law, reference must be had to determine the capacity of the testator, the extent of his power of disposition, and the conditions upon which the power of alienation vested in the guardian of his children, appointed by the will, is to be exercised.</p> <p>In the absence of proof to the contrary, the common law is presumed to exist in those States of the Union which were originally colonies of England, or were carved out of such colonies.</p> <p>The same presumption prevails as to the existence of the common law in those States which have been established in territory acquired since the revolution, where such territory was not, at the time of its acquisition, occupied by an organized and civilized community; but where the population, upon the establishment of government, was formed by emigration from the original States.</p> <p>Mo such presumption can prevail as to the States of Florida, Louisiana and Texas. In those States, at the time of their accession to the country, organized governments existed, the laws of which remained in force until they were abrogated by proper authority, and new laws were promulgated.</p> <p>In the absence of proof as to the laws of Texas, the Courts of this State, in interpreting a will made in that State, will presume its laws to be in accordance with the laws of California.</p> <p>D, a resident of Texas, and possessed of property situated in that State, makes a will, giving all his estate, real and personal, to his wife and children, in equal interest, one with the other, and investing his wife with the sole and entire control of the whole estate daring her life, for the benefit of herself and children, free from the control and guidance of the Courts of law in that or any other State, where she may happen to reside at the time of bis death, with full and complete power in her own name, and as guardian of his children, t