St. James' Church v. Walker

Citations

• 1 Del. Ch. 284

Syllabus

<p>A nuncupative will, made according to the law of the testator’s domicil at the time of his death, will pass personal estate situated in a foreign State or country, although not executed according to the formalities required by the laws of that State or country.</p> <p>But, to give effect, in Delaware, to a foreign nuncupative will, a probate thereof must be made in the county where the personal property is situated,—the formalities of such probate to be according to the law of the domicil of the testator, and not such as are required by the statute of this State.</p> <p>In the present case, a nuncupative will executed in the State of Pennsylvania, according to the laws of that State, but not proved in this State, held not sufficient to pass a legacy to a religious corporation within this State, to be paid out of assets situated in this State.</p> <p>The paper signed by the witnesses and produced as a nuncupative will in this case, held not sufficient to be admitted to probate as such, because the words spoken by the decedent did not show an animus testandi,— also, because it did not appear that the persons signing the paper were desired by the testator to attest it. as his will.</p>