William Johnson

“ But in this respect, it has been supposed, that the right of the States is in some measure controlled by that article of the constitution, which declares 'that full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State.' And hence that a will of lands duly recorded in one State, so as to be evidence in the Courts of that State, is rendered evidence thereby in the Court of every other State, provided the record, on the face of it, shows that it possessed the solemnities required by the laws of the State where the land lies. ”

“ The common law doctrine on this subject no one contests; the ordinary's probate was no evidence of the execution of the will in ejectment. Where the will itself was in existence, and could be produced, it was necessary to produce it; when the will was lost, or could not be procured to be produced in evidence, secondary evidence was necessarily resorted to, according to the nature of the case. ”

“ The clause recited makes evidence of such wills only as are recorded in the offices of Courts authorized to record them. But when the power of taking probate is expressly limited to the probate of wills of goods and chattels, we see not with what propriety the meaning of the clause in question can be extended to wills of any other description. The Orphan's Court may take probates of wills though they affect lands, provided they also affect goods and chattels; but the will, nevertheless, is conclusively established only as to the personalty. ”