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In RE Estate of Chichernea

Published online by Cambridge University Press:  28 March 2017

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Keywords

Inheritance by non-resident aliensrequirement of reciprocitythe law of California
Type
Judicial Decisions
Information
American Journal of International Law , Volume 61 , Issue 4 , October 1967 , pp. 1067 - 1068
Copyright
Copyright © American Society of International Law 1967

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References

1 Sec. 259 conditions the validity of testamentary gifts to nonresident aliens ‘ ‘ upon the existence of a reciprocal right upon the part of citizens of the United States to take … property upon the same terms and conditions as residents and citizens of the respective countries of which such aliens are residents… . “ The statute contains two parts, identically worded but for the fact that one refers to personal property and the other to realty. The nonresident aliens bear the burden of establishing reciprocity (Prob. Code §259.1); if they fail to do so, and if there are no qualified takers, then the State may claim the property by escheat. (Prob. Code §259.2) [Note by Court, 57 Calif. Eeporter 135 at 137].

2 Ibid.

3 52 Calif. Reporter 441, 416 Pac. 2d 473 (Sup. Ct. Calif., 1966); Dist. Ct. App. decision, 44 Calif. Reporter 731, digested in 60 A.J.I.L. 128 (1966).