State v. Smith

Citations

• 70 Cal. 153
• 12 P. 121

Syllabus

<p>Estate of Decedent—Non-resident Foreigners —Rights of Succession — Constitutional Law. —■ The constitution does not prohibit the legislature from conferring upon non-resident foreigners the same rights with respect to the acquisition, possession, enjoyment, transmission, and inheritance of property as are guaranteed by that instrument to resident foreigners.</p> <p>Id.—Section 671 of Civil Code.—The legislature had power to provide, by section 671 of the Civil Code, for the succession to property by foreigners who have never been residents. That section provides a rule with respect to property within the state, and confers a right to be enjoyed within its jurisdiction.</p> <p>Id.—Non-resident Aliens — Who are.—The words “non-resident aliens,” as used in section 672 of the Civil Code, mean those persons who are neither citizens of the United States nor residents of the state.</p> <p>Id.—Appearing and Claiming Property—Limitation on Right.— Under that section, the failure of a non-resident alien to appear and claim the property within five years after descent cast operates a bar of his right to assert any title in the property as against the state. But any appearance within the state, and the assertion of a claim to the property, either by action, or by taking possession of or conveying or contracting with respect to it, within the time limited, is sufficient to render the bar of the statute inoperative.</p> <p>Id. —Proceeding by State to Vest Title—When should be Brought. — A proceeding brought by the attorney-general to vest title in the state as to property alleged to have escheated to it under section 672 of the Civil Code is premature if commenced within five years after the death of the ancestor.</p>