|
|
United States v. Oregon, 366 U.S. 643 (1961)
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.
United States v. Oregon, 366 U.S. 643 (1961)
United States v. Oregon No. 329 Argued April 25, 1961 Decided May 29, 1961 366 U.S. 643
CERTIORARI TO TE SUPREME COURT OF OREGON
Syllabus
An Oregon resident died in a United States Veterans’ Administration Hospital in Oregon without a will or legal heirs, leaving a net estate of personal property. He had not entered into a contract with the United States concerning such property, and was mentally incompetent to do so. Oregon claimed such property under its escheat law, and the United States claimed it under 38 U.S.C. (1952 ed.) § 17, which provides that, when a veteran dies in such a hospital without a will or legal heirs, his personal property "shall immediately vest in and become the property of the United States as trustee for the sole use and benefit of the General Post Fund."
Held: the United States was entitled to the property as such trustee. Pp. 643-649.
(a) The federal statute operates automatically, and does not require that the veteran shall have entered into a contract with the United States. Pp. 645-648.
(b) The statute is within the power of Congress, and it does not violate the Tenth Amendment. Pp. 648-649.
222 Ore. 40, 352 P. 2d 539, reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. Oregon, 366 U.S. 643 (1961) in 366 U.S. 643 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=7DXDN37AZMPHP5G.
MLA: U.S. Supreme Court. "Syllabus." United States v. Oregon, 366 U.S. 643 (1961), in 366 U.S. 643, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7DXDN37AZMPHP5G.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Oregon, 366 U.S. 643 (1961). cited in 1961, 366 U.S. 643. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=7DXDN37AZMPHP5G.
|