"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
(1895) (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:

1. 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?

2. Is it a violation of constitutional due process and
vested testamentary and property rights for
state courts, when requested to enter a valid
Last Will from a foreign court with jurisdiction to
probate, to instead suppress that Will by grossly
departing from judicial norms, violating long
established procedure and Texas law, elevating
clerical mistakes over substance, spoliating
the record, and striking previously admitted,
apostilled evidence on fabricated grounds?

3. When a state court violates international comity
and obstructs justice by refusing to honor a
foreign court 's request to assist in that court 's
proceeding re the contest and disposition of
a valid Last Will of a decedent, has a judicial
taking of the property of decedent and her heirs
occurred?

4. Under international comity and the Supremacy
Clause, is a state court required, upon request
from a foreign court with jurisdiction of decedent 's
Last Will disposing property in both the foreign
and state territories, to open its court and
exercise limited jurisdiction sufficient to assist
the foreign court with discovery matters?

5. Does Texas Estates Code § 501.001
unconstitutionally bar valid foreign Wills of
domiciled decedents from adjudication in Texas
courts?

Whether state probate courts can disregard foreign jurisdictions' valid Wills and punish dual-citizen heirs under principles of international comity