West Virginia.

After 15 years Wheeling, he took an examination and received an

Fleumer v. Hix | G.R. No. L-32636 | 03-17-1930 | Tolentino
This is an appeal from Court of First Instance decision denying the probate of the document
alleged to by the last will and testament of Edward Randolph Hix
MEM AID
A weird case about the laws of West Virginia trying to make it in the Philippines.
#lagalagdecedent
DOCTRINE
Laws of a foreign jurisdiction do not prove themselves in our courts and must be proven as
facts.
appointment as coal expert for the Philippine Government and arrived at Manila in 1910.
While E. Randolph Hix was living in Manila in 1912, he met Annie Coushing and
married her in Shanghai, China in 1913, and returned to Manila where they established
their domicile.
In May 1925, that is, one year after his arrival at Elkins, West Virginia, the E.R. Hix filed
a complaint for a divorce with the Circuit Court of Randolph County, West Virginia,
alleging, among other things, that he was a citizen of the United States of America, and
of the State of West Virginia, and had been for more than one year prior to the date of the
institution of the suit, an actual bona fide citizen and resident of Randolph County, West
Virginia;
Having procured the divorce, E.R. Hix returned to Manila in 1927, where he continued to
live and engaged in business up to the time of his death in the year 1929.

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,