a

their names thereto as witnesses, in the presence of the testator; all substantially as in the state of New York. (Elm. Dig. 1855,

. p. 877, $ 24.) Foreign wills may be recorded in the office of the surrogate, in the manner pointed out by statute, when the record thereof or duly certified copies thereof are made evidence in the saine manner and with the same force and effect as though such will had been proved in the ordinary manner. (Elm. Dig. p. 878, SS 31, 32, 33.) And all wills may be proved and recorded by and before the surrogate, but the probate thereof would not seem to be conclusive, not even upon the parties who have had an opportunity to be heard in the matter, and the same is not appealed from. But it is declared that the record of such wills, and the proofs thereof, shall be of the same force, validity and effect as the like record in the prerogative office, and the transcript of such records certified under the hand and seal of office of the surrogate, shall be received in evidence in every court of the state, and have the same validity and effect as transcripts certified by the register of the prerogative court. (Elm. Dig. pp. 554, 555. And vide Harrison v. Rowan, 3 Wash. R. 580.)

The supreme court of the state hold that when a will is admitted to probate and recorded in another state, an exemplified copy of the record, according to the act of congress of Marchi 27, 1804, is incompetent evidence to prove title of a person claiming lands under the will, in New Jersey; that to prove title under a will admitted to probate in another state, the party must produce and prove the original will on the trial; or if it be lost, the fact of its loss must be established, and secondary evidence given of its contents, or he must resort to the proof prescribed by the statute, viz., probate according to the laws of New Jersey, before the proper officer. (Graham v. Whitely, 2 N. J. R. 254.)

In Pennsylvania, every will is required to be in writing, and, unless the person making the same shall be prevented by the extremity of his last sickness, it must be signed by him at the end thereof, or by some person in his presence, and by his express direction, and in all cases it must be proved by the oaths or affirmations of two or more competent witnesses, otherwise the will has no effect. The same, however, may be executed with a mark. A devise to charity, within one month of the donor's decease, is declared to be void. (Purdon's Dig. 1861, pp. 1016, 1017, 1018, SS 6, 7, 22.) The probate of the will is made conclusive as to real estate,

unless within five years from the date of such probate the same is contested. (Purdon's Dig. p. 275, SS 12, 13.)

The courts hold that the probate of a will of real estate is good and sufficient evidence of a devise of real estate, unless revoked by the register, annulled by competent authority, or disproved on a trial at law; and, indeed, that admitting a will to probate is a judicial act, the legality of which cannot be inquired into collaterally. (Baker v. McFerran, 26 Penn. R. 211. Lovells Executors v. Mathews, 24 ib. 330. Holliday v. Wurd, 19 ib. 485.)

The statute of wills of Delaware provides that a will must be in writing, and signed by the testator, or by some person in his presence, by his express directions, and attested and subscribed in the presence of the testator by two or more credible witnesses, or the same shall be void. The will is exhibited for probate before the register of the county, and the record thereof is made sufficient evidence, although the original will is required to be preserved in the office. (Rev. Code, 1852, ch. 84, § 3, ch. 89, $ 1.)

The wills act of the state of Maryland is substantially the same as that of Delaware, except that the will must be witnessed by three or four credible witnesses, and the probate of the will is not conclusive. (1 Md. Code, art. 93, SS 301, 323. And vide Smith v. Steele, i Har. & McH. R. 413. Darby v. Mayer, 10 Wheat. R. 470.)

In the state of Ohio, the statute of wills is substantially the same as in Delaware, except that the witnesses must see the testator sign the will, or hear him acknowledge the same. And the probate of the will is made conclusive upon all the parties unless contested within two years after the same is proved, except that as to infants, married women and persons out of the state, or of insane mind or in captivity, it is not conclusive until two years after the respective disabilities are removed. (2 Rev. Stat. ch. 123, SS 2, 19. And vide Reynolds v. Shirley, 7 Ohio R. pt. 2, 39, 48. Randebaugh v. Shelley, 6 Ohio St. R. 307. Holman v. Riddle, 8 ib. 384.)

In Michigan, the manner of executing a will is the same as in Ohio, except there is no provision for the acknowledgment of the will by the testator in presence of the witnesses, and the will is declared not to be effectual to pass either real or personal estate, unless duly proved and allowed in the probate court, or on appeal in the circuit court or supreme court, and the probate is conclusive

as to its due execution. (2 Comp. Laws, 1857, ch. 92, SS 2829,

. 2844.)

The wills act of the state of Indiana is substantially the same as in Michigan. (2. R. S. 1862, part 4, ch. 3, SS 18, 32. And vide Rogers v. Stevens, 8 Ind. R. 464. Thiebaud v. Sebastian, 10 ib. 458.) In Indiana it has been held that the date of the will is not a material part of it. It may be valid without any date, and the time of executing it may be proved by parol. (Wright v. Wright, 5 Ind. R. 389.) In case the validity of a will is not contested within the time limited by statute for that purpose, the probate thereof is undoubtedly conclusive. A suit to contest the validity of the will must be brought in the name of the party in interest. (Niederhaus v. Heldt, 27 Ind. R. 480.)

In the state of Illinois, the statute in respect to the execution of a will of real estate is in substance the same as the law of Ohio, except that the probate is not conclusive until the expiration of five years after the date thereof, instead of two years, as in Ohio. (2 Stat. at Large, 1858, pp. 1180, 1181, 1182.)

In Wisconsin, the will of real estate must be executed by the testator and attested and subscribed in the presence of the testator, by two or more competent witnesses, the same as in Michigan, and the will must be proved and allowed in the county court to be effectual, and the probate of the will is conclusive. (R. S. of 1858, ch. 97, SS 5, 21.)

The wills act of Minnesota is substantially the same as that of Wisconsin, and the effect of the allowance and probate of a will is the same. (Gen. Stat. 1858, ch. 40, SS 5, 21. R. S. 1866, ch. 47, SS 5, 17.)

In the state of Iowa, wills to be valid are required to be in writing, witnessed by two competent witnesses and signed by the testator or by some person in his presence and by his express direction, and the same must be proved and allowed in the county court, and the probate thereof is conclusive. (Rev. Laws of 1860, ch. 100, SS 2313, 2329.)

In Missouri, wills must be executed the same as in Iowa, and the witnesses are required to subscribe their names in the presence of the testator, and the probate is conclusive after five years from the date of the proof thereof, except that as to the persons laboring nnder disabilities the same is not conclusive until five years after their disabilities are removed. (Gen. Stat. 1865, ch. 131, SS 3, 31.) In Nebraska, the statute of wills is substantially the same as that of Iowa. (Revised Stat. ch. 14, SS 127, 143.)

In the state of Kansas, the statute in respect to the due execntion of wills is substantially the same as that of the state of New York, except that the probate is binding upon all parties neglecting to contest the same after the expiration of two years from the proof thereof, although persons under any legal disability may contest it within two years after the disability is removed. (Gen. Stat. 1868, ch. 117, SS 2, 19.)

In the state of Nevada, the statute provides that if no person appears to contest the probate of a will, the court may admit the same to probate on the testimony of one of the subscrbing witnesses only, if he shall testify that the will was executed, in all particulars as required by law, and that the testator was of sound mind at the time of its execution, and, unless the probate thereof is contested within one year after its date, the same is conclusive, except as to persons under disability, who have one year after the disability is removed to contest the same. (Laws of 1861, ch. 54, SS 18, 36.)

In the territory of Colorado, the statute provides that all wills, by which real property is devised, must be in writing, and signed by the testator or testatrix, or by some one in his or her presence, and by his or her direction, and attested in the presence of the testator or testatrix, by two or more credible witnesses, and the probate of the will is made conclusive after two years from the date of such probate, except as to persons under disability who may contest the same at any time within two years after the removal of the disability. (R. S. of 1868, ch. 90, SS 2, 28.)

In Oregon, the statute of wills is in substance the same as that of Colorado, except that the will is proved in the county court, and the probate is not made conclusive. (Gen. Laws, 1864, ch. 15, and ch. 62, § 4.)

In the state of California, the statute in respect to the execution of a will is substantially the same as in Colorado. (Wood's Dig. 1860, ch. 103, $ 3.) The record of a will, and the exemplification by the clerk in whose custody it may be, will be received in evidence, and be as effectual in all cases as the original would be if proved, and the probate of a will is conclusive unless contested within one year after the proof thereof. (Wood's Dig. ch. 29, SS 26, 36.) It is held that the several statutes of wills in the state

presence of

do not apply to wills executed previous to their passage. (Tevis v. Pitcher, 10 Cal. R. 465.)

In the state of Virginia, the statute provides that no will shall be valid unless it be in writing and signed by the testator, or by some person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and moreover, unless it be wholly written by the testator, the signature must be made or the will acknowledged by him in the presence of at least two competent witnesses, present at the same time; and the witnesses must subscribe the will in the the testator; but no form of attestation is made necessary. The probate of a will is conclusive and binding on all parties, unless contested within five years after the will is admitted to probate. (Code of 1849 ch. 122, SS 4, 34.)

It has been decided that it is not necessary that a will should be proved in a court of probate, in order to give it validity as a will of lands. The only effect of such probate, said judge Green, is, to afford one mode of proof that the will is genuine and authentic; but the mode of proof allowable before the passage of the statutes is not abolished or prohibited by them; that is, by evidence on the trial. But if a will offered for probate were contested and rejected, this might be used thereafter, as the decision of a competent judicial tribunal, and would condemn it forever. (Bagwell v. Elliott, 2 Rand. R. 200. And vide Parker's Executors v. Brown's Executors, 6 Gratt. R. 554.)

In the state of West Virginia, the probate of a will is probably conclusive, unless it is reviewed on appeal within the time limited by statute. (Laws of 1863, ch. 36.) But it is manifest, that, unless and until the proceedings of the court are recorded and signed as required by the statute, they can have no force or efficacy whatever. (Douglas v. Fay, 1 W. Va. R. 26, 36.)

In the state of North Carolina, a will of lands must be reduced to writing in the life-time of the testator, and signed by him or some other person in his presence and by his direction, and subscribed in his presence by two witnesses at least, no one of which must be interested in the devise of the estate; or the same must be found among the valuable papers or effects of the deceased person, or must have been lodged in the hands of some person for safe keeping, and being in the handwriting of the deceased person, and his name subscribed thereto, or inserted in some part of such will;