International Law-Treaties-Inheritance Rights of Residents of Yugoslavia

Authors

Charles F. Niemeth, University of Michigan Law SchoolFollow

Abstract

All the heirs at law of a Pennsylvania resident who died intestate resided in Yugoslavia. The Orphans' Court found that the distributees would not have the actual benefit, use, enjoyment or control of their intestate shares. In accordance with a state statute providing for such contingency,1 the funds were ordered paid, without escheat, into the state treasury. On appeal, held, affirmed, one judge dissenting. Because the statute is custodial rather than confiscatory, it is not repugnant to the most-favored-nation clause of the treaty between the United States and Yugoslavia which provides for reciprocal rights of inheritance between citizens of the two nations. In re Belemechich's Estate, 411 Pa. 506, 192 A.2d 740 (1963), rev'd per curiam sub nom. 'Consul General of Yugoslavia v. Pennsylvania, 375 U.S. 395 (1964).

Recommended Citation

Charles F. Niemeth, International Law-Treaties-Inheritance Rights of Residents of Yugoslavia, 62 Mich. L. Rev. 1263 (1964).
Available at: https://repository.law.umich.edu/mlr/vol62/iss7/13