|
|
Zschernig v. Miller, 389 U.S. 429 (1968)
Contents:
Show Summary
Hide Summary
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.
Zschernig v. Miller, 389 U.S. 429 (1968)
Zschernig v. Miller No. 21 Argued November 7, 1967 Decided January 15, 1968 389 U.S. 429
APPEAL FROM THE SUPREME COURT OF OREGON
Syllabus
Appellants, residents of East Germany, are the heirs of an American citizen who died intestate in Oregon, leaving personal property. Appellees include members of the State Land Board who petitioned the Oregon probate court for the escheat of the personalty pursuant to Ore.Rev.Stat. § 111.070. That section provides for escheat where a nonresident alien claims personalty unless (1) there is a reciprocal right of a United States citizen to take property on the same terms as the citizen of a foreign nation, (2) American citizens have the right to receive payment here of funds from estates in the foreign country, and (3) foreign heirs have the right to receive the proceeds of Oregon estates without confiscation. The Oregon Supreme Court held that appellants could not take the personalty, because the reciprocity required by § 111.070 was not present.
Held: As applied by Oregon, each of the three provisions of § 111.070 involves the State in foreign affairs and international relations, matters which the Constitution entrusts solely to the Federal Government. Clark v. Allen, 331 U.S. 503, distinguished. Pp. 432-441.
243 Ore. 567, 592, 412 P.2d 781, 415 P.2d 15, reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Zschernig v. Miller, 389 U.S. 429 (1968) in 389 U.S. 429 389 U.S. 430. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=6Q8QRF95M66F13T.
MLA: U.S. Supreme Court. "Syllabus." Zschernig v. Miller, 389 U.S. 429 (1968), in 389 U.S. 429, page 389 U.S. 430. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6Q8QRF95M66F13T.
Harvard: U.S. Supreme Court, 'Syllabus' in Zschernig v. Miller, 389 U.S. 429 (1968). cited in 1968, 389 U.S. 429, pp.389 U.S. 430. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=6Q8QRF95M66F13T.
|