Alfonso E. Chavez Ayub v. Alfonso Chavez Pacheco

“Comity” entails “the recognition which one nation allows within its territory to the ... judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws.” So stated this Court in Hilton v. Guyot, 159 U.S. 113,164

1. (emphasis added). American citizens, and particularly dual citizens, rely on U.S. courts to honor duly authenticated foreign testamentary acts under the principles of international comity. If state courts or state law may nullify valid foreign Wills from foreign jurisdictions and punish those who bring such Wills to their courts, the constitutionally protected rights of decedents and heirs, including the right to make and revoke Wills worldwide, are at risk. In this case, a matter of first impression, the Questions are:

2. Under international comity, is it permissible for a state probate court served, in accordance with treaty conventions, with a dual-citizen decedent’s valid Last Will and letters rogatory from the foreign court having in rem jurisdiction, to completely disregard the foreign court’s jurisdiction and request for assistance, and to punish the dual-citizen heir personally for effecting service of the documents?

3. Is it a violation of constitutional due process and vested testamentary and property rights for