Clarke v. Clarke

Rule of Law:

The law of the state where real property is located (the situs) exclusively governs its descent, alienation, and transfer, and a court in one state is not required by the Full Faith and Credit Clause to recognize a judgment from another state that purports to alter the title or character of land outside its jurisdiction.

Facts:

• A mother, domiciled in South Carolina, owned real estate in Connecticut.
• In her will, she left her property, including the Connecticut land, to her two daughters, Julia H. Clarke and Nancy B. Clarke.
• After the mother's death, a South Carolina court interpreted her will and declared that it had the effect of an 'equitable conversion,' meaning all her real estate, wherever located, should be treated as personal property.
• Subsequently, one of the daughters, Julia H. Clarke, died intestate (without a will) while domiciled in South Carolina.
• At the time of her death, Julia held an interest in the Connecticut real estate she had inherited from her mother.
• Julia was survived by her father, Henry P. Clarke, and her sister, Nancy B. Clarke.
• Under Connecticut law, which governs real estate inheritance, the sister (Nancy) would inherit Julia's entire interest.
• Under South Carolina law, which would govern personal property, the father and sister would share the inheritance.
• Nancy B. Clarke was a minor during the South Carolina court proceedings concerning her mother's will.

Procedural Posture:

• A court in South Carolina construed the will of Julia H. Clarke's mother, adjudging that it worked an 'equitable conversion' of all her real estate into personalty.
• After Julia H. Clarke died intestate, her father, Henry P. Clarke, in his capacity as administrator, applied to a Connecticut probate court to determine the distribution of Julia's interest in the Connecticut real estate.
• The Connecticut probate court ruled that under Connecticut law, the property was real estate and passed entirely to the decedent's sister, Nancy B. Clarke.
• Henry P. Clarke, the father, appealed this decision to the Supreme Court of Errors of Connecticut, the state's highest court.
• The Supreme Court of Errors of Connecticut affirmed the probate court's decision, holding that Connecticut law controlled and the South Carolina decree was not binding.
• Henry P. Clarke (plaintiff in error) appealed to the United States Supreme Court, arguing the Connecticut court failed to give full faith and credit to the South Carolina judgment.