(Download) "In Re Maury Et Al." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: In Re Maury Et Al.
- Author : Supreme Court of Montana
- Release Date : January 26, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
ALIENS, Rumanian Subjects — "Trading with Enemy Act" — Alien Property Custodian — Vesting Orders — Inheritance by Aliens — Reciprocal Right of Alien Subject — ESCHEATS — PARTIES — Determination of Heirship — Intestates Property Passes to his Heirs — Title Vests Immediately by Operation of Law — Nonresident Foreign Heirs — Reciprocity — Enemy Country — CONSTITUTIONAL LAW, Escheats — Retroactive Statutes — Application to any Vested Interest Violative of Due Process Clause. 1. Aliens — Burden of proving reciprocal laws on foreign heirs. Under statute providing that no non-citizen who is resident of foreign country at time of death of intestate shall receive as heir unless such foreign country would permit an heir residing in the United States to so receive, burden of proving reciprocity falls upon foreign heirs, but that fact does not bar other parties to heirship proceedings from making such proof. 2. Aliens — Escheats — Constitutional law — Parties — State and Federal Government proper parties. War and National Defense. Where heirs of intestate were entitled to part of estate but were residents of a designated enemy country under Trading with the Enemy Act, their shares in estate passed to the Attorney General of the United States as successor to rights of alien property custodian, and both the state, under escheat provision of the constitution, and the United States were proper and interested parties in determination of heirship proceedings. 3. Aliens — Evidence sustained finding foreign heirs entitled to share in estate. Evidence sustained finding that the Attorney General had succeeded to all of the rights of the Rumanian heirs.