And, generally, the lex rei site governs as to the validity of any such transfer; Glenn v. Thistle, 23 Miss. 42; Depas v. Mayo, 11 Mo. 314, 49 Am. Dec. 88; Bloomer v. Bloom er, 2 Bradf. Surr. (N. Y.) 339; Post v. Bank, 138 Ill. 559, 28 N. E. 978. As to the disposi tion of the proceeds, see 12 E. L. & Eq. 206.
The validity, construction, and effect of wills of movables depend upon the lex rei sitce; Penfield v. Tower, 1 N. D. 216, 46 N. W. 413; Ware v. Wisner, 50 Fed. 310; Moody v. Johnson, 112 N. C. 798, 17 S. E. 578; but the law of the state where the will was made may be considered by the court of the situs in determining the meaning of certain words in it ; Guerard v. Guerard, 73 Ga. 506. The validity of a charitable devise; Jones v. Habersham, 107 U. S. 174, 2 Sup. Ct. 336, 27 L. Ed. 401; and a direction for accumula tion; Riggs v. American Tract Soc., 95 N. Y. 508; depend upon the leo rei sitx, and so does the execution of a power of appoint ment of lands under a will; Sewall v. Wil mer, 132 Mass. 131; and the devolution of land, whether in case of intestacy or under a will; Dicey, Confl. Laws 519.
The acquisition of a title to land by lapse of time (prescription) must be determined by the same law, except so far as the limita tion to an action to recover land depends on the lex fori; id. 525; and see Whart. Conti. Laws § 378.
As to whether mere contracts with regard to immovables or land are determined by the leo rei sites, as to their material validity, or by the "proper law of the contract," is said to be doubtful; Dicey, Coml. Laws 769;
but the capacity of the parties thereto and the formalities necessary to the validity of such a contract are, almost certainly, govern ed by the law of the situs; id. As to the "proper law of the contract," see LEX LOCI ; CONFLICT OF LAWS.
A contract for the conveyance of land, valid by the lex fori, will be enforced in equity by a decree in personam for a con veyance valid under the lex rei sitce; 1 Ves. 144; Mitchell v. Bunch, 2 Paige Ch. (N. Y.) 606, 22 Am. Dec. 669; Massie v. Watts, 6 Cra. (U. S.) 148, 3 L. Ed. 181; Wythe 135; An executory foreign contract for the con veyance of lands not repugnant to the lex rei sift will be enforced in the courts of the latter country by personal process; 8 Paige, Ch. 201; 23 E. L. & Eq. 288.
Courts of the situs may refuse to enforce foreign assignments for creditors as against domestic creditors; May v. Bank, 122 Ill. 551, 13 N. E. 806; Warner v. Jaff ray, 96 N. Y. 248, 48 Am. Rep. 616; but see supra, for contrary decisions.
All simple contract debts are assets at the domicil of the testator; Wyman v. Hal stead, 109 U. S. 654, 3 Sup. Ct. 417, 27 L. Ed. 1068; but a bond is said to be assets for the purpose of administration at the place where it is found ; Beers v. Shannon, 73 N. Y. 292. A ship at sea is presumed to be situ ated in the state where it is registered ; Crapo v. Kelly, 16 Wall. (U. S.) 610, 21 L. Ed. 430. As to the English rules relating to the situs of movables, see Dicey, Coml. Laws 318. See GENERAL AVERAGE.