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Fluemer V Hix - Digest

1. The case involved the probate of the will of Edward Randolph Hix, who was claimed to have been domiciled in West Virginia at the time of his death. 2. The court denied probating the will because the petitioner failed to prove that West Virginia law allowed the will to be validly executed and failed to establish that Hix was domiciled in West Virginia rather than the Philippines. 3. Additionally, proceedings to probate the will were initiated in the Philippines before West Virginia, indicating the Philippines was intended to be the principal administration rather than West Virginia as an ancillary administration.

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215 views1 page

Fluemer V Hix - Digest

1. The case involved the probate of the will of Edward Randolph Hix, who was claimed to have been domiciled in West Virginia at the time of his death. 2. The court denied probating the will because the petitioner failed to prove that West Virginia law allowed the will to be validly executed and failed to establish that Hix was domiciled in West Virginia rather than the Philippines. 3. Additionally, proceedings to probate the will were initiated in the Philippines before West Virginia, indicating the Philippines was intended to be the principal administration rather than West Virginia as an ancillary administration.

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Agz Macalalad
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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13. In the matter Estate of Edward Randolph Hix, deceased. A.W. FLUEMER, petitioner-appellant, vs.

ANNIE COUSHING HIX, oppositor-appellee. [G.R. No. L-32636 March 17, 1930 MALCOLM, J.:] FACTS: 1. petitioner that the alleged will was executed in Elkins, West Virginia by Hix who had his residence in that jurisdiction, and that the laws of West Verginia Code ISSUE: W/N the will executed by Hix may be admitted to probate. HELD: NO. 1. no proof as to the law of foreign jurisdiction was presented in the CFI a. no printed or published authority of the State of West Virginia b. no extract from the law attested by the certificate of the officer having charge of the original, under the sale of the State of West Virginia c. No evidence was introduced to show that the extract from the laws of West Virginia was in force at the time the alleged will was executed 2. the due execution of the will was not established. a. There was nothing to indicate that the will was acknowledged by the testator in the presence of two competent witnesses, of that these witnesses subscribed the will in the presence of the testator and of each other as the law of West Virginia seems to require 3. Petitioner failed to prove that the testator had his domicile in West Virginia and not establish this fact consisted of the recitals in the CATHY will and the testimony of the petitioner. 4. the application for the probate of the will in the Philippines was filed on February 20, 1929, while the proceedings in West Virginia appear to have been initiated on June 8, 1929. a. These facts are strongly indicative of an intention to make the Philippines the principal administration and West Virginia the ancillary administration. b. However this may be, no attempt has been made to comply with Civil Procedure, for no hearing on the question of the allowance of a will said to have been proved and allowed in West Virginia has been requested. There is no showing that the deceased left any property at any place other than the Philippine Islands and no contention that he left any in West Virginia.

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