Stanley Forman Reed

“ The question we are to decide is whether this Georgia judgment on domicile conclusively establishes the right of the Georgia executors to demand delivery to them of personal assets of their testatrix which another state is willing to surrender to the domiciliary personal representative [4] when another representative, appointed by a third state, asserts a similar domiciliary right. For the purpose of this review the conclusion of Delaware that the testatrix was in fact domiciled in New York is accepted. ”

“ The full faith and credit clause allows Delaware in disposing of local assets to determine the question of domicile anew for any interested party who is not bound by participation in the Georgia proceeding. ”

“ In the Wash case, there was simply a ruling that a judgment of the court of ordinary could not be collaterally attacked by parties or privies, unless the record negatived the existence of necessary 'jurisdictional facts.' Whom the court would classify as 'privies' to a judgment in personam does not appear, and the opinion of the court below makes it amply plain that there was no privity under Delaware law. Hence, if the Georgia judgment is to bind the New York administrator, it can be considered to do so only in rem. ”

“ A state is interested primarily not in the payment of particular creditors, nor in the succession of heirs or beneficiaries, as such, but in the administration of the property of its citizens, wherever located, and that of strangers within its boundaries. ”

“ Hungerford was domiciled in Georgia or that the Georgia judgment of domicile and probate was binding on it, and averred testatrix' domicile at death was New York. It further averred that there were New York creditors of the estate interested in the proper and lawful administration of the estate, and that New York had certain claims for inheritance and estate taxes. ”

“ New York Trust Co., Del.Ch., 2 A.2d 290; Id., Del.Ch., 8 A.2d 511.↑ The Supreme Court of Delaware was of this opinion. It said: We are not 'called upon to consider the operation of a judgment in a probate proceeding in one jurisdiction as an estoppel against one who, although a party to that proceeding, undertakes, in a proceeding in another jurisdiction affecting the same decedent's estate, to raise again the question of the decedent's domicile.' 16 A.2d 772, 788.↑ Cf. ”