(Download) "In Re Nossens Estate" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: In Re Nossens Estate
- Author : Supreme Court of Montana
- Release Date : January 02, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1. Descent and Distribution ? Vesting of property. The rights to a testators or an intestates property vest under the statutes immediately on the testators or the intestates death. 2. Aliens ? Vested rights not affected by statute. The statute providing that no non-resident foreigner can take a decedents property by succession, unless he appears and claims succession within five years after the decedents death, is only a statute of limitations, which does not affect the vested right of succession, but deals only with the remedy by which it is asserted. 3. Constitutional Law ? Application of statute held unconstitutional. Where a statutory provision incapacitating a non-resident alien to receive property in a state as a decedents heir, is made applicable to vested interests in estates in the process of probate and undistributed at the effective date of the statute it was held that such applicaion was unconstitutional and void as denying due process of law. 4. Appeal and Error ? State not entitled to appeal. When the state has no interest in the property it is not entitled to appeal from the decree distributing to the Alien Property Custodian money inherited from the decedent by the persons who reside in and are citizens of Germany.
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