Letters Testamentary

probate, estate, administration, granted, rev, deceased and person

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13. Massachusetts. When any person shall die intestate in any other state or country, leaving estate to he administered within this state, ad ministration thereof shall be granted by the judge of probate of any county in which there is ai-1. estate to be administered; and the administrat n which shall he first lawfully granted shall extend to all the. estate of the deceased within the state, and shill exclude the jurisdiction of the probate court in every other county. Rev. Stat. c. 64, i'fe, 'See 3 Mass: 514; 5 id. 67i id. 256, 314; 1 Pick. Mass. 81..

Michigan. Letters testamentary or lettere of administration granted out of tbe state are not of any validity in it. ID order to collect the debts or to obtain the property of a deceased person who was hot a resident of the state, it is requisite to take out lettere testamentary or letters of adminis. tration from a probate court of this state, within whose jurisdiction the property lies, which letters operate over all the state;and then sue in the name of the executor or administrator Seappointed. Rev. Stat. 280. When the deceased leaves a will exe cuted acoording to the laws of this state, and the same is admitted to proof and reoord where he dies, a certified transoript of the will and probate thereof may be proved and recorded in any hounty in this state where the dammed has property real or per sonal, aod letters testamentary may issue thereon. Rev. Stat. 272, 273.

14. Miseinippi. Executors or administrators in another state or territory cannot, as such, sue nor be sued in this state. In order to reoover a debt due to a deceased person or his property, there must be taken out in the state letters of ad ministration, or letters with the will annexed, as the oase may be. These may be taken out from the probate court of the bounty where the property is situated, by a foreign as well as a local creditor, or any persoa interested in the estate of tho deceased, if properly qualified in other respects. I Miss. 211.

Missouri. Letters testamentary or of adtninis tration granted in another state have no validity in this ; to maintain a, suit, the executors or ad ministrators must be appointed under the laws of this state. Rev. Code, 0 2, p. 41.

New Hampsh ire. One who has obtained letters of administration, Adams, Rep. 193, or letters testa mentary under the authority of another state, can not maintain an action in New Hampshire by virtue of such letters. 3 Griffith, Law Reg. 41.

15. New Jersey. Executors having letters testa mentary, and administrators letters of administra tion, granted in another state, cannot sue thereon in Now Jersey, but must obtain such letters in that , . state as the law prescribes. By the ant of Maroh 6, 1828, Harr. Comp. 195, when a will has been ad mitted to probate in any state or territory of the United States, or foreign nation, the surrogate of any county of this state is authorized, on applica tion of the executor or any person interested, on filing a duly exemplified copy of the will, to appoint a time not less than thirty days and not more than six months distant, of which notice is to be given as he shall direct, and if, at such time, no sufficient reason be shown to the contrary, to admit suoh will to probate, and grant letters testamentary or of administration cum testament() annex°, which shall have the same effect as though the original will had been produced and proved under form. If the person to whom such letters testamentary or of administration be granted is not a resident of this state, he is required to give security for the faithful administration of the estate. By the statute passed February 28, 1838, Elmer, Dig. 602, no instrument of writing ean be admitted to probate under the preceding act unless it be signed and published by the testator as his will. See Saxt. Ch. N. J. 332.

New York. An executor or administrator ap pointed in another state has no authority to sue in New York. 1 Johns. Ch. N.Y. 153; 6 id. 353; 7 id. 45. Whenever an intestate, not being an in habitant of this state, shall die out of the state, leaving assets in several counties, or assets shall after his death oome in several counties, the sur rogate of any county in which assets shall be shall have power to grant letters of administration on the estate of such intestate ; hut the surrog-ate who shall first gra,nt letters of administration on such estate shall be deemed thereby to 'have enquired sole and exclusive jurisdiction over suoh estate, and shall be vested with the powers 4ncidental thereto. Rev. Stat. p. 2, o. 6, tit. 2, art. 2, 0 24; 1 R. L. 455, 0 3.

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