FLEUMER v.

HIX

54 Phil 610

FACTS:

The petitioner is a special administrator of the estate of Edward Hix. He alleged that the latter’s will was
executed in Elkins, West Virginia on November 3, 1925 by Hix who had his residence in that jurisdiction,
and that the laws of that state govern. To this end, the petitioner submitted a copy of
Section 3868 of Acts 1882, as found in West Virginia Code and as certified to by the Director of
National Library. The Judge of the First Instance however denied the probate of the will on the
grounds that Sec 300 and 301 of the Code of Civil Procedure were not complied with. Hence,
this appeal.

ISSUE:

Whether or not it is necessary to prove in this jurisdiction the existence of such law in
West Virginia as a prerequisite to the allowance and recording of said will.

RULING:

Yes.

The laws of the foreign jurisdiction do not prove themselves in our courts. The courts of the Philippine
Islands are not authorized to take judicial notice of the laws of the various states of the American
Union. Such laws must be proved as facts. Here the requirements of the law were not met.
There was no showing that the book from which an extract was taken was printed or published
under the authority of the state of West Virginia, as provided in Sec 30 of the Code of Civil Procedure.
Nor was the extract from the law attested by the certificate of the officer having charge of the original,
under the seal of the State of West Virginia as provided in Sec 301. No evidence was
introduced showing that the extract from the laws of West Virginia was in force at the
time alleged will was executed. The court therefore did not err in denying the probate of the will.
The existence of such law in West Virginia must be proved.