Zschernig v. Miller
United States Supreme Court
389 U.S. 429, 88 S. Ct. 664, 19 L. Ed. 2d 683 (1968)
- Written by Mary Phelan D'Isa, JD
Facts
An American citizen died intestate in Oregon and left real and personal property to relatives in Germany. An Oregon escheat statute conditioned an alien’s right to inherit on three requirements: (1) an American citizen’s reciprocal right to inherit in the alien’s country on the same terms as citizens in that country; (2) an American citizen’s right to receive payment in the United States of funds from an estate in the alien’s country; and (3) the alien’s right to receive proceeds from the Oregon estate without confiscation. An Oregon trial court found there was no such reciprocal right in this case. The Oregon Supreme Court affirmed but found that under a 1923 treaty that was still effective with Germany and the decision in Clark v. Allen, 331 U.S. 503 (1947), the heirs were permitted to take the Oregon realty but not the Oregon personal property.
Rule of Law
Issue
Holding and Reasoning (Douglas, J.)
Concurrence (Harlan, J.)
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