Varner v. Bevil

Citations

• 17 Ala. 286

Syllabus

<p>1. A will of real and personal property in this State, executed in a foreign domicil, may be admitted to probate here, although it has not been proven and recorded in the place of the testator’s domieil. The statute (Clay’s Dig. 598, § 12) was intended to enlarge, not to restrain the jurisdiction of our courts.</p> <p>2. The testamentary disposition of real property being governed by the-law of the place where it is situated, and that of personal property by the law of the testator’s domicil, its validity, in respect to the capacity of the testator and the formalities necessary to give it effect, must be tested by the law of these respective jurisdictions.</p> <p>3. The Orphans’ Court has no jurisdiction of personal property whieh was-at the testator’s domicil in another state at the time of his death, and afterwards removed by his executor into this State.</p>