KERR V. DEVISEES OF MOON, 22 U. S. 565 (1824)

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U.S. Supreme Court

Kerr v. Devisees of Moon, 22 U.S. 9 Wheat. 565 565 (1824)

Kerr v. Devisees of Moon

22 U.S. (9 Wheat.) 565


The disposition of real property by deed or will is subject to the laws of the country where it is situated.

Where the devisor was entitled to warrants for land in the Virginia military, district in the State of Ohio under the laws and ordinances of Virginia on account of his military services, and made a will in Kentucky, devising the lands, which was duly proved and registered according to the laws of that state, held that although the title to the land was merely equitable, and that not to any specific tract of land, it could not pass unless by a will proved and registered according to the laws of Ohio.

Even admitting it to have been personal property, a person claiming under a will proved in one state cannot intermeddle with or sue for the effects of a testator in another state unless the will be proved in the latter state or it is permitted by some law of that state.

Letters testamentary give to an executor no authority to sue for the personal estate of his testator out of the jurisdiction of the state by which they were granted.

Under the statute of Ohio which permits wills made in other states concerning property in that state to be proved and recorded in the court of the county where the property lies, it must appear that the requisitions of the statute have been pursued in order to give the will the same validity and effect as if made within the state.

Page 22 U. S. 566

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