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FACTS
A.W. Fleumer alleged that the will of Edward Randolph Hix was executed in Elkins,
West Virginia on Nov. 3, 1925. The Court stated that Annie Coushing Hix is not
authorized to carry on the appeal but A.W. Fleumer was allowed as he was a person
interested in the allowance or the disallowance of a will
ISSUE:
Whether the will should be allowed to be recognized in the Philippines.
HELD:
NO.
Although Fleumer alleged that E.R. Hixs will was executed in West Virginia, the laws of a
foreign jurisdiction do not prove themselves in Philippine courts. In the case at bar,
requirements were not met. (1) No printed or publication under the authority of the State of
West Virginia; (2) No evidence was introduced to show that the extract from the laws of West
Virginia was at force at the time alleged will was executed; (3) due execution of will was not
established; (4) nothing indicates that the will was acknowledged by the testator in the
presence of two competent witnesses. It was also necessary to prove that Hixs domicile was
in West Virginia.
NOTES
Confusing case. Basically states that laws of the foreign jurisdiction must be proven as
facts.
A short case and medyo kulang yung facts. So I referred to Intestate Estate of Hix v.
Fleumer (3-21-31) which gave a visual on the background of Fleumers life and held that
the decree of divorce issued by the Circuit Court of Randolph County, West Virginia, is
null and void in the Philippines.
E.R. Hix was born in 1866 in South Carolina. He was enagaged in the general
engineering business as a member of the firm of Hogg & Hix, surveyors in Wheeling,