Riley v. Moseley

Citations

• 44 Miss. 37

Syllabus

<p>1. Administkatob — Locau—Eokeign—Authobity.—It is well settled that the grant of letters of administration confers the office or trust in the state only where the grant is made ; and that a party cannot sue or defend, as executor or administrator) in this state, under the authority of a foroign court of probates. Our courts do not recognize an administrator appointed in anothor stato. Letters of administration extend only to the assets within the state where conferred.</p> <p>2. Same — Local and foreign jurisdiction — Practice.—The representative character, as well as the assets, are local, and the administrator has no authority to sue for and collect assots in a foreign jurisdiction. Assets are subject to tho sovereignty of the state or country where they are situated, and are disposed of according to the laws of that jurisdiction.</p> <p>8. Comity — Practice—Lex loci bei sitie. — The comity, of all civilized nations recognize and adopt the law of the domicile of the intestate, as indicating who shall take the estato, wherever situated, by succession or distribution; but creditors are marshaled and priorities settled by the law of the sita of the assets. Story’s Conflict of Laws, § 514. The sovereignty of a state should govern all the property within its limits, without regard to the residence of the ownor; and it may discard the lex domicilce, in the distribution.</p> <p>4. Pkobate court — Practice.—Our courts will not revoke the probate of a will and letters testamentary of a testator, domiciliated in anothor state, where a portion of his property was in this stato at the time of probate of the will; and it is the imperative duty of the courts of a state whore the property of a decedent may be found, to take authority over it for the benefit of thoso entitled to the succession, and also of the creditors.</p> <p>5. Case at bar — Foreign administration — Chancery.—M. sold to R. a tract of land in Tonnessee in 1863, for a fair price and took B.’s noto for the amo