PRIL- #12

A.W. Fluemer v Annie Coushing Hix (1930)

Doctrine: To prove the laws of a foreign jurisdiction, they must be proved as facts.

Facts:
 Fluemer, the special administrator of the estate of Edward Randolph Hix filed for probate of the alleged
will of Hix. He alleged that the will was executed in West Virginia which was also the residence of Hix.
 Fluemer argued that the will was executed in compliance with the laws of the West Virginia Code; that it
was annotated by Charles Hogg and certified by the Director of the National Library.

Issue: w/n the lower court erred in denying probate of the will (NO)

Held/Ratio:
 The laws of a foreign jurisdiction do not prove themselves in our courts. Such laws must be proved as
facts.
 Moreover, the requirements of our laws were not fully complied with. There is no proof that the will was
published under the authority of the State of West Virginia, as provided in Sec 300 of the Code of Civil
Procedure. There was also no proof that the foreign law was attested by the certificate of the officer
having charge of the original. No evidence was introduced to show that the referred foreign law was in
force at the time the alleged will was executed.
 There was no evidence that the will was acknowledged by the testator in the presence of two competent
witnesses, that these witnesses subscribed the will in the presence of the testator and of each other as
required by the West Virginia Code.

Digested by: Katz Rivera (A2015)