PARTICULAR PERSONAL RELATIONS.
10. Executors and administrators have no power to sue or be sued by virtue of a foreign appointment as such. Westlake, Priv. Int. Law, 279; 1 Greenleaf, Ev. 544; 2 Jones, Eq. No. C. 276; 10 Rich. So. C. 393. It seems to be otherwise where a foreign execu tor has brought assets into the state, 18 B. Monr. Ky. 582 ; 1 Bradf. Surr. N. Y. 241 : and see 16 Ark. 28 ; and is otherwise by statute in Ohio. 5 M,Lean, C. C. 4.
In the United States, however, payment to such executor will be a discharge, it seems, 7 Johns. Ch. N. Y. 49; 18 how. 104; contra, 3 Sneed, Tenn. 55 ; otherwise in England. Dy, 305; 3 Kebl. 163; 1 Mann. & G. 159 ; 3 Q. B. 493. But see Westlake, Priv. Int. Law, 272.
And an executor who has so changed his situation towards the action as to render it his own may sue in a foreign court. West Vot. I.-21 lake, Priv. Int. Law, 286 ; 1 Hare, Ch. 84; 4 Beay. Rolls, 506.
Administration must be taken out in the sites (place of situation) of the property. 12 Wheat. 109; 20 Johns. N. Y. 229; 1 Mae. C. C. 381; 1 Bradf. Surr. N. Y. 69.
But, in general, administration is granted as of course to the executor or administra tor entitled under the lex domicilii. In such eases the probate granted in the place of do micil is the principal, that in the aqua is ancillary. 3 Bradf. Surr. N. Y. 233 ; 21 Conn. 577. There is no legal privity between them. 35 N. H. 484.
lit. All property of the decedent which is in the jurisdiction of the oourt granting prin cipal or ancillary administration, or whi6h conies into it if not already taken possession of under a grant of administration, comes under its operation. 3 Paige, Ch. N. Y. 459.
Ships and cargoes and the proceeds thereof complete their voyages and return to the home port. Story, Confl. Laws, 520.
The property in each jurisdiction is held liable for debts due in that jurisdiction, and the surplus is to be remitted to the principal administrator for distribution under the let domicilii. 8 'Clark & F. Hou. L. 1; 24
Bcay. Rolls, 100; 3 Pick. Mats. 145; 3 Bradt: Surr. N. Y. 233; 21 Conn. 577. See Domicit.
In case of insolvency, it is said the assets would be retained for an equitable distribution among the creditors here of an amount pro portioned to the whole amount of assets and claims. 3 Pick. Mass. 147.
Each administrator must give priority to claims according to the law of hisjurisdic tion. Story, Confl. Laws, 524; 5 Pet. 518; 20 Johns. N. Y. 265.
But a transmission of effects or their pro ceeds to another jurisdiction does not devest a creditor's precedence. 7 Law Journ. Ch. 135 ; Westlake, Priv. Int. Law, 293.
12, Guardians have no power over the pro perty, whether real or personal, of their wards, by virtue of a foreign appointment. 4 Cow. N. Y. 52; 1 Johns. Ch. N. Y. 153 ; Story, Confl. Laws, 504. As to the relations of foreign and domestic guardians, see 14 B. Monr. Ky. 544.
As to the power of a •guardian over the de micil of his ward, see Domicil., 6, 9.
Receivers hi equity have no extra-territo rial powers by virtue of their appointment, 17 How. 322; and the comity of states and tri bunals will, it is Said, hardly help a receiver. 3 Wend. N. Y. 538 ; 3 Fla. 93.
An appointment of a receiver does not vest funds in a foreign jurisdiction. 17 How. 322. See 2 Paige, Ch. N. Y. g15.
Sureties come under the general rules, and their contracts are governed by the lex loci; but in case of government bonds the seat of government is held to be the /cx loci. 6 Pet. 172 ; 7 id. 435 ; Story, Corffl. Laws. 3 290.