It  was  held  under  the  Ee vised  Statutes  before  the  enactment  of
this  section,  which  is  new,  that  it  made  no  difference;  that  the  same
persons  were  entitled  to  the  whole  estate,  real  or  personal ;  that  the
creditor  was,  in  all  cases,  required  to  first  seek  satisfaction  from  the
personal  property.
CHAPTER    XXI  I  I.
ACTION  TO  ESTABLISH  OR  IMPEACH  A  WILL.
§  1861.  An  action  to  procure  a  judgment,  establishing  a  will,  may  be  main-
tained, by  any  person  interested  in  tbe  establisliment  thereof,  in  either  of  the
following  cases:

1.  Where  a  will  of  real  or  personal  property,  or  both,  has  been  executed,  in
such  a  manner  and  under  such  circumstances,  that  it  might,  under  the  laws  of
the  State,  be  admitted  to  probate  in  a  Surrogate's  Court;  but  the  original  will  is
in  another  State  or  country,  under  such  circumstances  that  it  cannot  be  obtained
for  that  purpose;  or  has  been  lost  or  destroyed,  by  accident  or  design,  before  it
was  duly  proved,  and  recorded  within  the  State.
2.  Where  a  will  of  personal  property,  made  by  a  person,  who  resided  without
the  State,  at  the  time  of  the  execution  thereof,  or  at  the  time  of  his  death,  has
been  duly  executed,  according  to  the  laws  of  the  State  or  country  in  which  it  was
executed,  or  in  which  the  testator  resided  at  the  time  of  his  death,  and  the  case
is  not  one,  where  the  will  can  be  admitted  to  probate  in  a  Surrogate's  Court,  under
the  laws  of  the  State.
