Case v. McGee

Mason, J., delivered tire opinion of this court. The only question involved in this record is, whether the transcript of the will of Mary Ann Case, and the proceedings thereupon, in 'Warren county court, Virginia, were properly and duly authenticated, so as to make them admissible evidence in the courts of Maryland: and this involves the further inquiry, whether they are “ records and judicial proceedings” of a court within the meaning of the act of Congress, passed May 26th, 1790, relating to the authentication of public records? &c. The probate and- recordation of this will, as appears from the certificate, are themselves judicial acts. The will being the foundation or basis of the whole proceeding must be treated as part of the proceedings themselves, and is therefore properly authenticated under the act of 1790.

The act of 1790 rests upon the assumption that a proceeding of a court of a different State, if authenticated according to that act, is warranted by, and in accordance with, the laws of that State, and from this proceeding it appears, that probate and recordation of the will are both necessary to give it vitality. Therefore we are to assume that a mere authenticated copy of a will, without any thing more, would not be sufficient, because it would not therefrom appear to have been admitted to probate and record in drre course of law by