
    Ex Parte Todd.
    July, 1831.
    Wills — -Foreign Probat — Authenticated Copy — Failure to State Substance of Proof — -Effect.- -Authenticated copj of a will and probat thereof in Kentucky, the probat shewing- that it was proved by three subscribing witnesses, but not stating the substance of the proof there, admitted to probat here, only as a will of personals.
    Saras — Same—Same -Same — Effect Where Laws Same —Quaere.—whether, if the law of Kentucky were ascertained to be the same with that of Virginia on the subject, the admission of a will to full pro-bat there, would be sufficient to warrant the admission of it to full probat as a will of lands here, without the particulars of the proof there, appearing in the record of the probat.
    A copj of the last will and testament of George Mutter late of Woodford county in the state of Kentucky deceased, and of the probat thereof in the county court of Wood-ford, was offered for probat in this court by Todd ; and the copy was duly authenticated according to the provisions of the act of congress of May 26, 1790, 2 Bior. 102. But the record of the probat in Kentucky, only stated in general terms, that the will was proved by three subscribing witnesses thereto and was admitted to probat and record generally, «without stating the substance of the testimony of the witnesses, and shewing that they either proved it to be an olograph will, or that it was attested by them, subscribing their names, in the testator’s presence, so as to prove it a will duly executed to pass lands in Virginia, according to the statute of wills 1 Rev. Code, ch. 104, § 1. Todd, however, only asked that it should be admitted to probat and record here, as a will of personal estate.
    
      
       See monographic note on ‘’Wills.’'
    
   BROCKENBROUGH, J.

The copy is duly authenticated. The certificate of the probat in Kentucky, states that it was proved by the oaths of three subscribing witnesses : it does not shew, that it was an olog'raph will, or that the attesting witnesses subscribed their names in the testator’s presence. But it is not asked, that the will shall be admitted to probat and record here, as a will of real estate, but only as a will of personal estate. We, therefore, waive the inquiry, whether the law of Kentucky is the same with our’s on this subject, and whether, if so and the will was admitted to probat there as a will of real estate, it would or would not be sufficient for us to admit the authenticated copy to probat here as a will of real estate.

Sentence — That the copy be admitted to probat and record as a will of personal estate.  