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![handle is hein.slavery/ussccases0151 and id is 1 raw text is: OF THE UNITED STATES.
Tposed, upon this point, to acquiesce in the decision of the 1827.
Supreme Court 'of that State, (Smith v. FozoeI, -I Binn.
546.) that the word heirs in the will is to be cpnstrued Armstrong
V.
to be a word of limitation. Lear.
In that case this Court adopted a single decision of the
State Court upon the question. But,.in the case now under
consideration, there have been two decisions in the two
highest Courts of law in the State upon the identical ques-
tion now in judgment, and which were in conformity to a
settled course of adjudications for twenty years past.
After such a series of adjudications for such a length of
time, in the State Courts, upon the very pglnt now before
us, and relating to a rule of landed property in that State,
we do not 'eel-ourselves- at liberty to treat it as an open
question.
Judgment affirmed, with costs.
[Lzx Loci. PROBATE or TiSTAMENTARY PAPER.]
ARtSTRONG agamst LEAR, Admiistrator (with the will an-
nexed) of KoscIUszKo.
-A testamentary paper executed in a foreign country, even if exqcuted
so as to give it the eflect of a last will and testament by the fo-
reign law, cannot be made the foundation of a suit for a legacy 14
the Courts of this country, until it has received probate here, in the
Court having the peculiar jurisdiction of the probate of wills and
other testamentary matters.
APPEAL from the Circuit Court for the District of Co-
lumbia.
The bill, filed on theChancery side of the Circuit Court,
stated, that Thaddeus Kosciuszko, on the 5th of May, 1798,
placed a fund in the hands of Thomas Jefferson, and exe.
cuted a will, as follows : I, Thaddeus Xosciuszko; being
just on my departure from America, do hereby declare and
Vor. XIHi- 9-2](ViewImageLocal?handle=hein.slavery/ussccases0151&div=1&collection=&method=preview&ext=.png&size=3)