Executors of Stephens v. Smart's Executors

Supreme Court of North Carolina

Executors of Stephens v. Smart's Executors

1 N.C. 471

DecidedApril 15, 1814

StatusPublished

This text of 1 N.C. 471 (Executors of Stephens v. Smart's Executors) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Executors of Stephens v. Smart's Executors, 1 N.C. 471 (N.C. 1814).

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Opinion

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.

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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.

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Bluebook (online)

1 N.C. 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/executors-of-stephens-v-smarts-executors-nc-1814.