Joseph Story

“ The treaty stipulations, the act of Congress, and the principles of the law of France, which have been cited at the argument, attributing to them the full force which that argument supposes to establish the validity of the instrument, do not change the forum which is entitled, by the local jurisprudence, to pronounce upon it as a testamentary paper, and to grant a probate. It is one thing to possess proofs, which may be sufficient to establish that a testamentary instrument had been executed in a foreign country, under circumstances which ought to give it legal effect here ”

“ By the common law, the exclusive right to entertain jurisdiction over wills of personal estate, belongs to the ecclesiastical Courts; and before any testamentary paper of personalty can be admitted in evidence, it must receive probate in those Courts. Lord Kenyon, in The King v. Inhabitants of Netherseal, (4 Term Rep. 258.) said, 'we cannot receive any other evidence of there being a will in this case, than such as would be sufficient, in all other cases, where titles are derived under a will ”