Zschernig v. Miller
389 U.S. 429 (1968)

Annotate this Case

U.S. Supreme Court

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

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. 389 U. S. 432-441.

243 Ore. 567, 592, 412 P.2d 781, 415 P.2d 15, reversed.

Page 389 U. S. 430

Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.