26 Iowa 454 | Iowa | 1868
The defendant objected to the introduction of the said evidence, because said County Court had no jurisdiction to allow or record said will in the absence of the certificate of the clerk of the probate court, or a showing that there was none, and in the absence of a certificate that the attestation was in due form of law. Our statute provides (Bev. § 2328 [1296]): li "Wills proved and allowed in any other State or county shall be allowed and recorded in any county in this State in which it may be desired to use them, upon the production of a copy thereof to the proper County Court, duly authenticated by the proper attestation of the clerk of the court in which such will was proved, together with the certificate of the judge or presiding officer that such attestation is in due form of law. If there be no clerk, such attestation may be made by the judge or presiding officer, and in all cases if the clerk or officer making such attestation have a seal of office, such seal shall be annexed to the attestation.” Section 2329 (1297). “ "Wills shall not be carried into effect unless thus allowed, and such allowance is conclusive as to the due execution of the will, unless set aside by an original or appellate proceeding in the District Court.”
Without determining whether the authentication of the copy as presented to the County Court was a full or substantial compliance with section 2328, stipra, we are clear, beyond a doubt, that even if it were not, such fact would not defeat the jurisdiction of the County Court; and further, that the County Court having passed upon and adjudicated the sufficiency of the authentication and allowed and recorded the will, such adjudication cannot be collaterally questioned, either at common law or under section 2329, supra, when such will is offered in evidence.
Affirmed.