LETTERS TESTA.MENTARY. An instrument in writing granted by the judge or officer having jurisdiction of the probate of wills, under his hand and official seal, making known that at a certain date tho last will and testament of A B (naming the testator) was duly proved before him ; that the probate and grant of administration was within his jurisdiction, and he accordingly certifies " that the administration of all and singular the goods, chattels, and credits of the said deceased, and any way concerning his will, was granted" to C D, " the executor named in the said will," " he having been already sworn well and faithfully to adminis ter the same, and to make a true and perfect inventory, etc., and to exhibit the same, etc., and also to render a just and true account thereof." 2. In England, the original will is de posited in the registry of the ordinary or metropolitan, and a copy thereof made out under his seal ; which copy and the letters testamentary are uslially styled the probate. This practice has been followed in sonie of the United States ; but where the will needs to be proved in more than one state, the im pounding of it leads to much inconvenience. In other states, the original will is returned to the executor, with a certificate that it has been duly proved and recorded, and the letters testamentary are a separate instru ment. The letters are usually general ; but the court may grant a limited probate, where the testator has limited the executor, and then the administration cceteromum may be granted.
3. Letters testamentary are granted in case the decedent was testate ; Jetters of adminis tration, in case he was intestate, or ta:led to provide an executor ; see ADMINISTRATION; EXECUTOR ; bLII in regard to all matters com ing properly under the. heads of letters of ad.: ministration or letters testamentary, there is .little or no difference in the law relating to .the two instruments. . Letters testamentary and of adminisration are,. according to their terms and extent, conclusive as to personal property while they remain unrevoked. They cannot be questioned in a court of law or of ,equity, and, cannot he impeached, even by .evidence of francl or forgery. Proof that the testator was insane, or that the will was forged, is inadmissible. 16 Mams.433; 1 Lev.
'236: But if the ,nature of his plea raise the issue, the defendant may show that the' seal of the supposed probate has ken forged, or that the letters have been revoked, or thatthe testator is alive. 15 Serg. & Penn. 42 ; Term, 130'; 'Williams, Exec. 450.
, They.can be revoked only by the 'court whence they issued, or on appeal. At com mon law, the executor or administrator has no power over real estate ; nor is the probate even admissible as evidence that the instru .ment is a will, or as an execution Of a power to charge land. Williams, Exec.460 ; 1 Mann. ,& G. 331. By statute, the probate may .be made prima facie or conclusive evidence as to realty. 2 Binn.. Penn. 511 ; 3 id. 498 ; 6 .id. 409; Gilbert, Ev. 66 ; Bacon, Abr. Eoi .clence. Though the probate court has exclu .sive jurisdiction of the grant of letters, yet where a legacy hai .been. obtained by fraud, .or the probate has been procured' by fraud ,on the neit of kin, a court of equity would ,hold the legatee or wrong-doer as obligated hy a trust for the party injured. Williams,, ;Exec. 452.
. Letters may be revoked by the court whieh :made the grant,. or an appeal to a higher tribunal, reversing the decision by whiCh they were .granted. Special or limited aci .ministration will, be revoked on the occasion c.easing which called for the grant. An ex ,ecutor or administrator will be remeved when the letters were .obtained. improperly. Wil liams, Exec. 5. Of .their effect in a state other than that in which? legal prOpeedings were instituted.
In view of the rule pf the civil law,. that personalia sequitur personam, certain effect has been given by the comity of nations te a, foreign probate granted at the place of the domicil of the deceased, in respect to the per sonal assets in other states. At common ,lavv, the lex loci rei sitce governs as to real estate, and the foreign probate has no validity ; but . as t,o personalty the law of the domicil governs both as to testacy and intestacy. It is. customary, therefore, on a due exeniptifica ,,tion of the prohate granted at the place of domicil, to admit the. will to probate, and . .