issue letters testamentary, without requiring original or further proof'.
A foreign probate at the place of domicil has in itseg• no fbrce or effect beyond the jurisdiction in Which it was granted, but on its production fresh probate will be granted thereon in all other jurisdictions where asseta /WO found. This is the general rule, but is liable to be varied by statute, and is so varied in some of the states of the United States.
8. Alabama. Admieistrators may. sue upon lettere of administration granted in auottior state, where the intestate had no known place of residence in Alabama at the time of his death, and no repre sentative has been appointed in the stete; but be fore rendition of the judgment he must produce to the court his letters of administration, authenticated aneording to the "awe of the United States, and the certificate of the clerk of setae county court in this state, that the letters have been recorded in his office. Before he is entitled to the money on the judginent, he must also give bond, payable to the judge of the court where the judgment is rendered, for the faithful administration of the money re ceived& Aiken, big. 183; Toulmin, Dig.,342.
ArMnacte. When the deceased bad ne residence in Aikansas, and he devised lands by win, er where the intestate died poasessed of lands, lettere testamentary or of administration shall be granted in the. county where the lands lie, or of one of there, if they lie in several counties; and if the deceased had no such place of residence and no lands, suck letters may be granted in the coUnty in which the testator or intestate died, or where the greater part of his estate may be. • Rev. Stat. c. 4, 2.
7. Catifornia. When the estate of the deceased is in more than one county, he having died out of the state, and not having been a resident, thereof at the time of his death, the probate court of that county in which application. la fi-rst made for letters testamentary or of administration shall have ex clusive jurisdiction of the settlement of the estate. Wood, Cal. Dig. art. 2223.
Connecticut. Lettere testamentary issued in an other state are not available in this, 3 Dsy, Conn. 303; nor are letters of admieistration. 3 Day, Conn. 74. And see 2 •Root, Conn. 462.
S. Delaware. By the act of 1721, 1 State Laws, 82, it ie declared, in substance, that when any per son shall die leaving bona notabilia in several coun ties in the state and in Pennsylvania or elsewhere, and any person not residing in -the state obtains letters of administration out of the state, the de ceased being indebted to any of the inhabitants of the state for a debt contracted within the same, to the value of twenty pounds', then, and in such caae, such administrator, before he can obtain any judg uaent in any court of record within the state against any inhabitant thereof, byr virtue of such letters of administration, is Obliged to file them with some of the registers in this state, and must enter into bonds with sufficient sureties, who have visible estates here, with condition to pay and satisfy all such debts as were owing by the intestate at the time of his death to any person residing in this state, so far as the effecta of the deceased in this state will extend. By the act of June 16, 1769, 1
.State Laws, 448, it is enacted, in sulastance, that any will in writing made by a person residing out of the state, whereby any lands within the state are devised, which shall be proved in the chancery in England, Scotland, Ireland, or any colony, plan tation, or island in America, belonging to the king of Great, Britain, or in the hustings, or mayor's court, in London, or in some manor court, or before , such persons as have power or authority at the • • time of proving such wills, in the places aforesaid, .to take probates of wills, shall he good and availa hie in law for granting the lands devised, as well as of the goods and chattels bequeathed by such The copies of .such will, and of the hill, an swer, depositions, and decree, where proved in any court of chancery, or copies of such wills and the probate thereof, where proved in any other court, or ha any office as aforesaid, being transmitted to 'this state, and ,produced under the public or com ,mon seal of the court or office where the probate os ,taken, or under the great seal of ,the kingdom, ,00lony„ plantation, ,or island,,,within which such will is proved (except copies of such wills and pro bates BS shall. appear to,be revoked), are declared .to he matter of record, and. to lie good 'evidence in ,any court of law or equity in this state, to prove !the gift or devise made in such.will ; and such pro hates ,ere declared to fie.sufficient to enable exepu ,tors to bring their actions within any court within .this state, as if the same probates or letters testa mentary were granted here, and. produced .under ',the seal of any of the: registers' offices within this 'state. By the third section of the 'act, it Is de, ,elared that the copies of snob wills and probates so produced and, given' In evidence shall net be' re:. turned by the court to the persons preducing them, but ,shall he recorded in tbe office of the recorder of the county where the same are given in evid,ence, :at the expense of the party producieg the same. .