Encyclopaedia of Business Law And Forms Representing the Study And Decisions
Encyclopaedia of Business Law And Forms Representing the Study And Decisions
Ties20for20all20the20states20and20canada2
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' FOREIGN ADMINISTRATION is exercised by virtue of authority properly conferred by a for- eign jurisdiction. It is a general rule that let- ters of administration granted abroad give no authority to sue or be sued in another jurisdic- tion (with exception above noted), though they may be ground for new probate authority. 1 Hence, where persons are domiciled in one country, as A. , and have persona 1 property in another, as B. , the authority must be had in B. , but exercised according to the la...ws of A. * There is no legal privity between administra- tors in different States. The principal admin- istrator is to act in the intestate's domicil, and the auxiliary or ancillary administrator is to collect claims and pay debts in the foreign jur- isdiction, and pay over the surplus to his prin- cipal. It has been held that the probate of a will in a foreign State, if duly authenticated, dispenses with the necessity of taking out new letters/ and that possession of property may be taken in a foreign State, but that suit cannot be Ex.
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