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Free v. Bland, 369 U.S. 663 (1962)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Free v. Bland, 369 U.S. 663 (1962)
Free v. Bland No. 205 Argued March 21, 1962 Decided May 21, 1962 369 U.S. 663
CERTIORARI TO THE SUPREME COURT OF TEXAS
Syllabus
By virtue of the Supremacy Clause of the Constitution, the Treasury Regulations creating a right of survivorship in United States Savings Bonds registered in co-ownership form preempt any inconsistent provision of the Texas community property law. Pp. 664-671.
(a) The Treasury Regulations which provide, inter alia, that, when a savings bond is registered in co-ownership form, i.e., payable to one person "or" another, a co-owner who survives the other co-owner "will be recognized as the sole and absolute owner" of the bond, and that "No judicial determination will be recognized which would . . . defeat or impair the rights of survivorship conferred by these regulations," constitute a valid federal law within the meaning and intent of the Supremacy Clause. Pp. 666-668.
(b) A provision of the Texas community property law which, in effect, prohibits a married couple from taking advantage of the survivorship provisions of these regulations merely because the purchase price of the savings bonds is paid out of community property conflicts with the federal regulations on this subject, and must fall under the Supremacy Clause. Pp. 667-671.
162 Tex. 72, 344 S.W.2d 435, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Free v. Bland, 369 U.S. 663 (1962) in 369 U.S. 663 369 U.S. 664. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=53ZEBZE9EZS2B65.
MLA: U.S. Supreme Court. "Syllabus." Free v. Bland, 369 U.S. 663 (1962), in 369 U.S. 663, page 369 U.S. 664. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=53ZEBZE9EZS2B65.
Harvard: U.S. Supreme Court, 'Syllabus' in Free v. Bland, 369 U.S. 663 (1962). cited in 1962, 369 U.S. 663, pp.369 U.S. 664. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=53ZEBZE9EZS2B65.
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