judge, registrar, ordinary, or otherwise, is a judicial officer and his decrees have the force and effect as if entered by a court. Where the court or judge has jurisdiction of the subject matter and the parties, and the order or decree is not void because of an absolute want of jurisdiction or because of matters appearing on the face of the record, it is conclusive until reversed by a direct attack made in a proceeding for that purpose. It can not be attacked or avoided in a collateral proceeding.15

Where a court has jurisdiction of the subject matter and the parties, its judgment or decree can not be questioned collaterally notwithstanding the court proceeded irregularly;16 and the weight of authority is that anyone dealing with an executor or administrator whose appointment is voidable only by a direct attack on the part of those interested, is protected in his dealings with him.17

15 Simmons v. Saul, 138 U. S. 439, 34 L. Ed. 1054, 11 Sup. Ct. 369; Carraway v. Moore, 75 Ark. 146, 86 S. W. 993; Frothingham v. Petty, 197 Ill. 418, 64 N. E. 270; Kentucky Land etc. Co. v. Crabtree, 113 Ky. 922, 70 S. W. 31; Tilghman v. France, 99 Md. 611, 614, 59 Atl. 277; Garvey v. United States Fidelity etc. Co., 77 App. Div. (N. Y.) 391, 79 N. Y. Supp. 337; Ward v. Board of Comrs. of Logan County, 12 Okla. 267, 70 Pac. 378; Shoenberger's Estate, 139 Pa. St. 132, 20 Atl. 1050; Zeigler v. Storey, 220 Pa. St. 471, 17 L. R. A. (N. S.) 878, 69 Atl. 894; Laufer v. Powell, 30 Tex. Civ. App. 604, 71 S. W. 549.

16 Bowen v. Bond, 80 III. 351; Frothingham v. Petty, 197 Ill. 418, 64 N. E. 270; Jones v. Bittinger, 110 Ind. 476, 11 N. E. 456; In re Owen's Estate (Johnson v. Arm strong), 32 Utah 469, 91 Pac. 283.

17 Allen v. Dundas, 3 Term Rep. 125; Woolley v. Clark, 5 Barn. & Ad. 744; Kane v. Paul, 39 U. S. 33, 10 L. Ed. 341; Frothingham v. Petty, 197 Ill. 418, 64 N. E. 270; Schluter v. Bowery Savings Bank, 117 N. Y. 125, 15 Am. St. Rep. 494, 5 L. R. A. 541, 22 N. E. 572; Zeigler v. Storey, 220 Pa. St. 471, 17 L. R. A. (N. S.) 878, 69 Atl. 894; Franklin v. Franklin, 91 Tenn. 119, 18 S. W. 61.

CHAPTER LII.

FOREIGN AND ANCILLARY ADMINISTRATION.

§1368. Domiciliary and ancillary administration distinguished. §1369. Passing of title to realty and to personalty governed by different laws.

§ 1370. Foreign executors may be conferred local rights by

statute.

§ 1371. Who may apply for ancillary administration.

§ 1372. When and how application for ancillary administration may be made.

1373. Revocation of ancillary administration.

1374. Basis of and reason for ancillary administration.

§ 1375. Situs of personalty for purpose of ancillary administra

tion.

§ 1376. The same subject: Apparent exceptions to the general

rule.

§ 1377. As to necessity of local administration in jurisdiction where real property is situated.

§1378. Equitable conversion of realty into personalty: Construction of will by court of domicile not binding on court of situs of realty.

1379. Bonds of ancillary administrators.

$1380. Powers and duties of ancillary administrators. 1381. General rule is that an administrator can prosecute actions only in jurisdiction where appointed.

§ 1382. When domiciliary representative may sue in a foreign jurisdiction without first taking out ancillary letters. §1383. Assignee of domiciliary representative may bring suit in his own name in other jurisdictions.

§ 1384. Voluntary payment of debts or surrender of chattels to domiciliary representative.

§ 1385. Personal representative may be sued only in jurisdiction wherein he is appointed.

§ 1386. The same subject: Exceptions to rule: Suits in equity. § 1387. The same subject: Voluntary submission to jurisdiction.

§ 1388. Judgment against administrator in one jurisdiction of no force against administrator in another jurisdiction. § 1389. What court may compel the personal representative to account.

§ 1390. Conclusiveness of order settling account or discharging administrator.

§ 1391. Distribution of residue after ancillary administration.

§ 1368. Domiciliary and Ancillary Administration Distinguished.

Administration of the estate of a decedent is usually first had in the jurisdiction wherein he was domiciled at the time of his death; but if he leaves either real or personal property situated in other states or countries, the general practice is that administration will also be had in those jurisdictions wherein the property of the decedent may be found. Each state is a sovereignty in itself and may require separate administration of all property of a decedent within its jurisdiction, irrespective of administration in another state.1

A foreign executor or administrator is one acting under the jurisdiction of the court of another state or country, reference being had to the jurisdiction of the court under which he is acting and not to the residence of the individual. An ancillary administrator is one who is appointed to administer the local assets of a decedent in a jurisdiction other than that of the decedent's domicile at

ב

the time of his death wherein the principal administration is had. As the term implies, ancillary administration is auxiliary or incidental to the principal administration in the jurisdiction of the decedent's domicile. There is, however, no privity between a domiciliary executor or administrator and an ancillary administrator, each being subject to the jurisdiction of a separate court with powers and duties regarding property only within the jurisdiction of the court of his appointment. But the matter of the construction of a will disposing of personalty or the right to succeed to personalty under the laws of succession, is governed by the laws of the domicile of the decedent, and the one granted administration in the domicile of the decedent is the one in whom the possession of all property should rest for final distribution. In this sense ancillary administration is incidental to the principal administration."

A testator in his will may appoint executors with limited or conditional powers; he may appoint separate executors, each with authority to act in one state wherein he may leave property, the authority of each of such

8 Steele v. Connecticut G. L. Ins. Co., 31 App. Div. (N. Y.) 389, 52 N. Y. Supp. 373.

4 Stacy v. Thrasher, 6 How. (U. S.) 44, 12 L. Ed. 337; Hatchett v. Berney, 65 Ala. 39; Murphy v. Crouse, 135 Cal. 14, 87 Am. St. Rep. 90, 66 Pac. 971; Cooper v. Ives, 62 Kan. 395, 63 Pac. 434; Merrill v. New England Mut. L. Ins. Co., 103 Mass. 245, 4 Am. Rep. 548; Winter v. Winter, 101 Wis. 494, 77 N. W. 883.

As to judgment against administrator in one jurisdiction being

of no force against administrator in another jurisdiction, see § 1388. As to when a domiciliary representative may sue in a foreign jurisdiction without taking out ancillary letters, see § 1382.

As to domiciliary executor having title to all assets of the estate, with power to assign the same wherever situated, and to receive debts and chattels voluntarily paid or delivered, see §§ 1383, 1384. 5 See § 1391. 6 See § 1220.

executors being confined to the particular assets within the state. Where different executors are so appointed by the testator in his will, administration granted to each is a principal administration, and not ancillary to any other, the authority of each being derived from the testator's will rather than from the order of appointment."

§ 1369. Passing of Title to Realty and to Personalty Governed by Different Laws.

The passing of title to real and personal property is governed by different laws. Personal property follows the owner, and the passing of title to personalty by will or under the laws of succession is, as a general rule, according to the law of the testator's domicile at the time of his death. The passing of title to realty in any manner is according to the law of its situs, irrespective of the domicile of the owner. The rule is that wills involving realty must be established and recorded in each jurisdiction wherein real property of the estate of the decedent is situated unless otherwise provided by statute.

7 Sherman v. Page, 85 N. Y. 123. As to the jurisdiction of courts regarding the admission of foreign wills to probate, see § 1300. 8 Smith v. Smith, 174 Ill. 52, 43 L. R. A. 403, 50 N. E. 1083; McCartney v. Osburn, 118 Ill. 403, 9 N. E. 210.

Bequests of personalty are governed by the law of the testator's last domicile. See §§ 273-275.

Succession to personalty is governed by the law of the decedent's domicile. See § 270.

Rights in real property are gov

8

erned by the law of the situs. See §§ 269, 271,

As to statutory regulations regarding foreign wills passing title to property locally situated, see § 277.

As to jurisdiction of courts as affected by the domicile of the decedent and the situs of the property of the estate, see § 1185.

Regarding foreign wills, upon what the jurisdiction of the court depends, see § 1300.

As to a foreign executor being considered an executor de son tort