Vanderbilt Law Review

First Page



The language of the typical state statute is general and unlimited in terms, as, "a contract," "any tort, "every will , as if the statute should be applied to all cases involving such a matter in the courts of the state. Ordinarily, statutes originate and are drafted with thought only to matters within the state. When the matter in issue occurs wholly or partly in another state, it would be an error to determine the reach and application of the statute merely from the generality of its language. In the absence of specific direction this should be determined in the light of the principles of conflict of laws, which themselves take into account the policy of the local law. This was pointed out in Bearman v. Camatsos, which involved the effect of the foreign probate of a will and which is discussed below.'