Opinion · Supreme Court of North Carolina

Stevens v. . Smart

4 N.C. 83

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1814-01-05
Topic
intellectual-property-and-technology

We are of opinion that the probate and letters testamentary issued in South Carolina are sufficient to enable the plaintiff to sue here. The Constitution of the United States and the act of Congress made to carry it into effect direct us to give "full faith and credit to the records, public acts, and judicial proceedings" of other states. A probate is a judicial act of a court having competent jurisdiction, and, while it remains unrepealed, completely authenticates the right of the executor. NOTE. — But an administrator cannot maintain a suit here upon letters granted in another State. Anonymous, 13 N.C. 355; Butts v.

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2 opinions
STEVENSv. SMART,4 N.C. 83(1814)
STEVENS'S EXECUTORS v. SMART'S EXECUTORS. — 1 L. R., 471.
Supreme Court of North Carolina
(January Term, 1814.)
An executor may sue in this State upon letters testamentary issued upon a probate in another State.
THE plaintiff's testator was a resident of South Carolina, where he died, and where letters testamentary were granted to the plaintiff. The defendant's testator was an inhabitant of this State, and never resided in South Carolina. The question submitted is whether the action can be brought upon such letters testamentary.
PER CURIAM.
We are of opinion that the probate and letters testamentary issued in South Carolina are sufficient to enable the plaintiff to sue here. The Constitution of the United States and the act of Congress made to carry it into effect direct us to give "full faith and credit to the records, public acts, and judicial proceedings" of other states. A probate is a judicial act of a court having competent jurisdiction, and, while it remains unrepealed, completely authenticates the right of the executor.

NOTE. — But an administrator cannot maintain a suit here upon letters granted in another State.Anonymous,13 N.C. 355;Butts v. Price, 1 N.C.;Leake v. Gilchrist,13 N.C. 73;Nisbet v. Stewart,19 N.C. 24.