Stevens v. . Smart
Supreme Court of North Carolina
1Opinion of the Court
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.…
2Cases cited2 opinions
- Leake v. . GilchristSupreme Court of North Carolina · 1829
- Nisbet v. . StewartSupreme Court of North Carolina · 1836
3Cited by2 opinions
- Matter of Will of LambSupreme Court of North Carolina · 1981
- Augustin v. Hess Oil Virgin Islands Corp.Superior Court of The Virgin Islands · 2017