Estate of Peters

California Court of Appeal May 5, 1952 No. Civ. No. 17235Published

Before: McComb

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Holding. The trial court committed prejudicial error by striking evidence of German laws regarding succession restrictions and escheat, as such evidence was material to determining whether reciprocal inheritance rights existed under California Probate Code section 259.

Issues

Did the trial court err in striking evidence of German laws restricting succession based on antisocial conduct?
Did the trial court err in striking evidence of the German Jewish escheat statute?
Did the excluded evidence bear on the existence of reciprocal inheritance rights under California Probate Code section 259?

Disposition. Reversed.

Quotations verified verbatim against the opinion

“It is apparent that this particular statute was material to the issue before the court and that it erred prejudicially in granting objector's motion to strike it from the evidence.”

“The evidence excluded was material and relevant to the determination of the issue before the court. It was prejudicially erroneous for the trial judge to strike it out.”

110 Cal.App.2d 723 (1952) Estate of MARIE W. PETERS, Deceased. ANNA FREDERICKA FUENNING et al., Appellants; SECURITY-FIRST NATIONAL BANK, Executor and Respondent,

TOM C. CLARK, Attorney General of United States, as Successor to Alien Property Custodian, Contestant and Respondent.

Civ. No. 17235. California Court of Appeals. Second Dist., Div. Two.

May 5, 1952. Joseph R. Vaughan and Pat B. Trapp for Appellants.

Harold I. Baynton, Assistant Attorney General of United States, Director, Office of Alien Property; Walter S. Binns, United States Attorney, Clyde C. Downing, Assistant United States Attorney, Valentine C. Hammack, Special Assistant to the Attorney General, James D. Hill, George B. Searls, and John F. Cushman, Attorneys, Department of Justice, for Respondents.

McCOMB, J.

Petitioners appeal from a probate decree determining heirship and that decedent's estate escheated to the United States.

Facts: Marie W. Peters died on or about May 15, 1944. She left a will under the terms of which one third of her [724] estate was bequeathed to two legatees who were residents of Germany; the remaining two thirds of the estate was bequeathed to unnamed issue of persons named in the will, also residents of Germany.

The estate consisted entirely of personal property with the exception of one piece of real property which decedent, just prior to her death, had contracted to sell. The sale was consummated by the executor of the estate.

On September 4, 1946, the Alien Property Custodian issued an order vesting in himself for the benefit of the United States all the interest in the estate of all the legatees named or described in the will. The order determined that the property was payable or deliverable to or claimed by nationals of an enemy country and stated that as to such nationals who were not within an enemy country the interest of the United States required that they be treated as nationals of a designated enemy country.

Pursuant to an executive order of October 14, 1946, the Attorney General of the United States succeeded to the rights and duties of the Alien Property Custodian.

Estate of Peters

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