Santovincenzo v. Egan
United States Supreme Court
284 U.S. 30 (1931)
- Written by Jamie Milne, JD
Facts
Under an 1878 consular convention between the United States and Italy, if an Italian national died intestate, or without a will, while in the United States, then the proceeds of the national’s estate were to be delivered to the Italian consul. The consul would then distribute the proceeds in accordance with Italian law. The convention was reciprocal, meaning that if an American national died intestate while in Italy, then the proceeds of the American’s estate were to be delivered to the American consul for distribution under American law. When Italian national Antonio Comincio died intestate while living in New York City, the Italian consul in New York, Santovincenzo (plaintiff), petitioned for receipt of the proceeds of Comincio’s estate. New York’s attorney general (defendant) contested Santovincenzo’s petition, relying on a New York law stating that the proceeds of an intestate resident’s estate were to be transferred to the state. The trial court held in the attorney general’s favor and ordered that the estate proceeds be transferred to the state. The appellate division affirmed, and the state supreme court denied leave to appeal. Santovincenzo then appealed to the United States Supreme Court, adding New York public administrator Egan (defendant) as a defendant.
Rule of Law
Issue
Holding and Reasoning (Hughes, C.J.)
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