Foster v. Joice

WASHINGTON, Circuit Justice.

Upon what seems to me to be the reasonable construction of the act of assembly, I should have supposed, that the probate of a will, relating to land, before the orphans’ court, or before the surrogate-general, would be conclusive in any other court, where the *556validity of the will might incidentally come in question. But I understand, that a different opinion has prevailed in the courts of this state; and X submit to the authority of that opinion. But if this be the law, I am entirely at a loss to give any sensible interpretation of the 2d section of the act, if the…