The probate of a will is a judicial act. An ancillary probate of an authenticated copy of a will is likewise a judicial act. [Stevens v. Oliver, 200 Mo. 492, 98 S.W. 492.] In order to probate a will resort must be had to a tribunal authorized for that purpose.
Our statute says: "Copies from the records of proceedings of any court of record . . . attested by the clerk thereof with the seal of the court annexed . . . shall be received as evidence of the . . . proceedings of such court of record in any court in this state." Sec. 1700, R.S. 1929; Stevens v. Oliver, 200 Mo. 492. (d) Appellants attempt to draw from certain decisions cited and from Sections 3039 and 11543 of the recording acts, the inference that the law requires that the declaration be recorded; and that a certified copy is not permitted of record. (e) Sections 3039 and 11543 have no application here.
After final judgment admitting a will to probate, the only presumption that exists is that the will as probated and recorded in the probate court is valid. 2 Schouler on Wills (6 Ed.), sec. 782; Cohen v. Herbert, 205 Mo. 537; Stowe v. Stowe, 140 Mo. 602; Farris v. Burchard, 242 Mo. 10; Rothwell v. Jamison, 147 Mo. 601. (5) The judgment of the probate court admitting the will of Harriett W. Wilson to probate having become final, the judgment record of such will and probate in the probate court cannot be attacked collaterally. Cohen v. Herbert, 205 Mo. 537; Stevens v. Oliver, 200 Mo. 492; Viehmann v. Viehmann, 298 Mo. 356, 250 S.W. 565; Hidden v. Edwards, 313 Mo. 642, 285 S.W. 462. (6) An action to establish a resulting trust in real estate is an action to recover an interest in lands and is barred unless such action is brought within ten years after the right of action accrues. Sec. 850, R.S. 1929; Maynard v. Doe Run Lead Co., 305 Mo. 356, 265 S.W. 94; Zeitinger v. Annuity Realty Co., 325 Mo. 194, 28 S.W.2d 1030; Hudson v. Cahoon, 193 Mo. 547; Reed v. Painter, 145 Mo. 341; Burdette v. May, 100 Mo. 13. (7) Plaintiff was charged with notice of the contents of the record of the Harriett W. Wilson will after the same appeared of record in Vol. 5, pages 79 to 83, inclusive, of the Will Records of the Jackson County Probate Court from the date of such record on May 14, 1897. Nichols v. Hobbs, 197 S.W. 260. His action asserting rights not granted him under this judgment record of the will and probate is, therefore, barred since such action was not brought within five years
It was a conclusive adjudication that the instrument was her valid and unrevoked will, and such judgment cannot be attacked collaterally by appellants. Cohen v. Herbert, 205 Mo. 537; Stevens v. Oliver, 200 Mo. 492; Jourden v. Meier, 31 Mo. 40; Dilworth v. Rice, 48 Mo. 124; In re Broderick's Will, 21 Wall. (U.S.) 503; Simmons v. Saul, 138 U.S. 439; Stowe v. Stowe, 140 Mo. 594; State ex rel. v. McQuillin, 246 Mo. 694; Stevens v. Larwill, 110 Mo. App. 140; Byrne v. Byrne, 289 Mo. 126; Johnson v. Beazley, 65 Mo. 250; Banks v. Banks, 65 Mo. 432. (8) A foreign will is required by our law to be contested and annulled within the same time and in same manner as will executed and proved in Missouri. Sec. 541, R.S. 1919. (9) Appellants' remedy was a suit to contest, brought within one year from March 10, 1924, the date the will was probated in Missouri.