Public-domain · open source
OpenJurist

3 Va. 819

Ex parte Todd

General Court of Virginia

Decided July 15, 1831

General Court of Virginia · decided 1831-07-15

A copy of the last will and testament of George Mutter late of Woodford county in the state of Kentucky deceased, and of the probat thereof in the county court of Woodford, was offered for prohat in this court by Todd; and the copy was duly authenticated according to the provisions of the act of congress of May 26. 1790, 2 Bior. 102.

Decided 1831-07-15

Brockenbrough, J.

¶1The copy is duly authenticated. The certificate of the probat in Kentucky, states that it was proved by the oaths of three subscribing witnesses : it does not shew, that it was an olograph will, or that the attesting witnesses subscribed their names in the testator’s presence. But it is not asked, that the will shall be admitted to probat and record here, as a will of real estate, but only as a will of personal estate. We, therefore, waive the inquiry, whether the law of Kentucky is the same with our’s on this subject, and whether, if so and the will was admitted to probat there as a will of real estate, it would or would not be sufficient for us t.o admit the authenticated copy to probat here as a will of real estate.

¶2Sentence—That the copy be admitted to prohat and record as a will of personal estate.

/3/va/819 · .json · Public domain