An alien testator devised land to her son, which property was seized during the World War by the defendant Alien Property Custodian as belonging to an alien enemy. Von Zedtwitz v. Sutherland, 58 App. D. C. 153, 26 F.(2d) 525. The plaintiffs sued the son in Kentucky, where part of the land was located, and the Alien Property Custodian in this suit to recover the property on the theory that after the eight-year period which the laws of Kentucky allowed the alien heir in which to dispose of the realty, the title vested in them as next of kin of the testator. Following the decision of the Kentucky court, (Ripley v. Von Zedtwitz, 201 Ky. 513, 256 S.W. 1106) this court held that when the statutory period ended, common law rules controlled, and the title of the heir could be questioned only by the state. Ripley v. Sutherland (App. D. C. 1930) 40 F.(2d) 785.