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such persons as have obtained or are seeking the benefit of the proceedings in which it was granted.

1 Chapter XLVI., on CONTRACTS.

2 Story, Confl. of L., § 331. This is the general principle of interna tional law laid down by Story, (Id., § 340,) and the American cases restricting the effect of a bankruptcy discharge to indebtedness due to citizens of the state are regarded by him as resulting from the peculiar principles of American constitutional law, and not applicable to foreign discharges. Although some other authorities take a different view, it should seem better to adopt the general principle, and make the discharge valid everywhere, subject to the right of every State to apply all property within its territorial jurisdiction to the payment of domestic creditors. See Articles 583 and 685.

3 Story, Confl. of L., § 342.

• Persons who voluntarily prove their claims in the state where the discharge is granted, thereby place themselves under its jurisdiction. Dunlap v. Rogers, 47 New Hampshire Rep., 281; Clay v. Smith, 3 Peters' U. S. Supr. Ct. Rep., 412.

The act relied on must, of course, be unequivocal. Dynnelly . Corbett, 7 New York Rep., 507.

But the rejection by courts in one state, of the claim of a non-resident against the insolvent estate of a resident, will not bar the same claim when presented in the state of the domicil of such non-resident. Taylor . Barron, 35 New Hampshire Rep., 484.

Transfer of property.

685. A transfer of movables made by a debtor, whether by reason of judicial proceedings or otherwise, which is valid by the law of the place where it is made, is valid as to such property everywhere, subject to the right of any other nation to give a preference or lien in respect to the movables within its jurisdiction to creditors who are subject to its jurisdiction as defined by Title XXVII., on JUDICIAL POWER.

4 Kent's Commentaries, 406; Hunt v. Columbian Ins. Co., 55 Maine Rep., 290; Dunlap v. Rogers, 47 New Hampshire Rep., 281.

It has generally been held, when questions have arisen in the United States between the bankrupt under a foreign law and his assignee under the same law, they both being citizens and subjects of the country enact. ing the law, where no rights of creditors, citizens of the United States, intervened, that effect should (there) be given to the foreign law. Plestero v. Abraham, 1 Paige (New York) Rep., 236; Abraham v. Plestero, 3 Wendell (New York) Rep., 540; Hall. Boardman, 14 New Hampshire Rep., 38; Hoag v. Hunt, 21 Id., 106; Smith v. Brown, 43 Id., 44; Dunlap v. Rogers, 47 New Hampshire Rep., 281; Hall v. Winchell, 38 Vermont Rep., 588.

It is the settled doctrine of the courts in the United States, that a prior

assignment in bankruptcy under a foreign law will not transfer property elsewhere as against a creditor of the bankrupt who is a citizen of the government where the property is situated. Frink . Buss, 45 New Hampshire Rep., 325.

Judgment of bankruptcy, without transfer of prop

erty.

686. A judgment divesting a debtor of his property, without a transfer by him, is valid in the cases, and to the extent prescribed in chapter XLVIII., on JUDICIAL POWER IN CIVIL CASES.

CHAPTER LII.

ESTATES OF DECEDENTS.

ARTICLE 687. Jurisdiction to grant administration.
688. Limit of administration.

689. Local nature of power of administration.
690. Actions by foreign personal representative.
691. Principal and ancillary administrations.

692. Title to movables.

693. Ancillary representative.

694. Course of administration.

695. Application of property to payment of decedent's

debts.

696. Actions against foreign personal representative.

697. When judgment of Probate Court, as to right of suc

cession, is conclusive.

698. Probate of will of property in foreign country.

Jurisdiction to grant administration.

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687. Subject to the provisions of articles 338 to 344 inclusive,' the nation within whose jurisdiction the movables' of a decedent or his debtors' or their property are found, has jurisdiction to grant authority to administer such movables and the debts due to the decedent by such debtors, in the mode prescribed by this Chapter, whether with or without a will.

The reference is to the consular power to administer the assets of seamen, &c.

Matter of Texidor, 2 Bradford's Surrogate (New York) Rep., 105;

Public Administrator v. Hughes, 1 Id., 125. "Upon the whole," says Surrogate BRADFORD, in Kohler v. Knapp, (1 Bradford Surr. New York Rep., 244,) upon a review of authorities, "I am inclined to think that the modern rule, accommodating itself to new cases and exigencies, is in favor of the exercise of jurisdiction upon the sole basis of assets of a foreign decedent coming into the State after his decease."

By the treaty between the United States and the

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and some other American treaties, any controversy that may arise among the claimants to the same succession as to whom the property belongs. shall be decided according to the laws and by the judges of the country in which the property is situated.

See, also, treaty between United States and

Hesse-Cassel, March 26, 1844, 9 U. S. Stat. at L., (Tr.,) I., Art. V.

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See, however, the convention between France and Austria, for the reg. ulation of successions, Dec. 11, 1866, Art. II., (9 De Clercq, p. 675,) which provides that claims to the succession of movables left in one country by subjects of another, whether at the time of their death established there, or simply transitory persons, are within the jurisdiction of and determinable by the laws of the State to which the deceased belonged.

3 Debts constitute assets where the debtor resides. Kohler . Knapp, 1 Bradford's Surrogate (New York) Rep., 241.

4 When, however, its exercise of such jurisdiction would be productive of injustice, inconvenience, or conflicting equities, the nation should decline to exercise it, and remit the property abroad for distribution. Harvey v. Richards, 1 Mason U. S. Circ. Ct. Rep., 381, 413; Cooper's Equity Pleadings, pp. 1, 2, 3; Parsons v. Lyman, 20 New York Rep., 103, 125.

Limit of administration.

688. The provisions of the last article do not apply: 1. To those movables, belonging to a decedent at the time of his death, which have been brought within the jurisdiction, after a personal representative duly appointed elsewhere has taken possession of them within the jurisdiction of the nation appointing him; nor,'

2. To debts due by parties to a negotiable instrument which at the time of the holder's death was within another jurisdiction, the decedent being also domiciled therein at his death."

1 Westlake's Private International Law, § 295; Story, Confl. of L., $ 520; Currie v. Bircham, 1 Dowling & Ryland's Rep., 35.

9 Owen v. Moody, 28 Mississippi (7 Cushman) Rep., 79. This exception has been recognized in respect to property which never became assets within the local jurisdiction but was removed into that jurisdiction from the place of principal jurisdiction.

Local nature of power of administration.

689. A personal representative can not act beyond the limits of the nation appointing him, in relation to property of the decedent, except as provided in the next article.

This provision departs somewhat from the rule recognized by the New York Court of Appeals. Peterson v. Chemical Bank, 32 New York Rep., 21.

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The rule laid down in Marcy v. Marcy, 32 Connecticut Rep., 308, as being supported by the current of American decisions at the present day, is that, in the absence of an ancillary administration, a principal administrator, and a fortiori, an executor, can collect and remove debts or property due or situated in another State, if voluntarily paid or given up.

Actions by foreign personal representative.

690. A foreign personal representative may sue, without any other appointment, to enforce his title to the movables and debts mentioned in article 688, or to recover debts due by persons who at the time of the creditor's death had their domicil within the jurisdiction of the nation appointing him.

Principal and ancillary administrations.

691. The place of domicil of the decedent is the place of principal administration; every other administration is ancillary.

Cummings v. Banks, 2 Barbour (New York) Rep., 602; Ordronaux v. Helie, 3 Sandford's Chancery Rep., 512; Juarez v. Mayor, &c., of New York, 2 Id., 173; Churchill v. Prescott, 3 Bradford's Surrogate (New York) Rep., 233.

Title to movables.

692. The title to movables duly vested in a foreign personal representative, or duly acquired through a foreign administration and executed by possession, is valid everywhere.

Story, Conf. of L., §§ 258, 259; Peterson v. Chemical Bank, 32 New York Rep., 21.

The principle here applied is not to recognize the power conferred by the courts as having an extra-territorial effect; but to recognize the title acquired under the power executed by possession, as valid every. where.

Ancillary representative.

693. An ancillary representative represents the estate only so far as concerns the assets coming under his control.

Course of administration.

694. Every ancillary personal representative is bound to transmit to his principal the assets remaining in his hands after satisfying the claims of creditors, who are subject to the jurisdiction of the nation ap pointing him, to be administered by the principal, either extra-judicially, or, if needful, under the direction of the tribunals of the domicil.

Enohin . Wylie, 31 Law Journ. Chancery, 404; by Lord Westbury; to the contrary, Lords Cranworth and Chelmsford.

It was held, however, in Irwin's Appeal from Probate, 33 Connecticut Rep., 128; and in Dawes v. Head, 3 Pickering (Massachusetts) Rep., 147, that if there is a deficiency of assets in either jurisdiction, all the property must be divided among the creditors in both jurisdictions equally, and if there is a surplus in the foreign jurisdiction, it must be remitted to the domestic administrator or distributed there in recognition of, and in subordination to, the title and rights conferred by the will or the law of the domicil.

Application of property to payment of decedent's

debts.

695. The nation having jurisdiction to grant authority to administer, has also exclusive jurisdiction to apply the movables and credits to which such authority extends, to the payment of debts due to persons subject to its jurisdiction.

Payment to the administrator of the creditor's domicil by a debtor domiciled elsewhere at the death, made at his own domicil, is no bar to an action for the same debt brought by an ancillary administrator, appointed in the debtor's domicil, even subsequently to the payment. Young v. O'Neal, 3 Sneed's (Tennessee) Rep., 55; Anonymous, 2 Amer. Law Review, 398.

Actions against foreign personal representative. 696. A personal representative who after having law

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