Sullivan v. Kidd

Citations

• 254 U.S. 433
• 41 S. Ct. 158
• 65 L. Ed. 344
• 1921 U.S. LEXIS 1889

Syllabus

<p>1. In the absence of a controlling treaty, the capacity of an alien to inherit land within a State of the Union depends upon the law of that State. P. 435.</p> <p>2. Treaties are to be interpreted upon the same principles as written contracts between individuals, all parts feeing considered with a view to giving a fair operation to the whole; and they are to be executed- in the utmost good faith to effectuate the purposes of the high contracting parties. P. 439.</p> <p>3. The Treaty of March 2, 1899, between Great Britain and the United States, grants the subjects of each party certain rights of inheritance respecting real property within the territories of the other, but declares (Art. IV) that its stipulations shall not be applicable to any of the colonies or foreign possessions of the British Crown unless a notice to that effect shall have been, given by Great Britain to the United States on behalf of such colony or possession, and that its provision? shall extend and apply to any territory pertaining to or occupied, by the United States beyond the Seas, only .upon notice to that effect being given by the United States to Great Britain. Held, that tha giving of such notice conditions the' applicability of the treaty to a foreign possession, not merely in respect of the property there situate, but also in respect of the subject? and citizens there residing; so that, no notice having been given on-behalf of Canada, a subject of Great Britain who was a citizen and resident of that Dominion acquired no right under the treaty to inherit land in the United States. . P. 436.</p> <p>4. The fact that Canada, as’ a self-governing dependency, in the exercise of her legislative power, has granted aliens the right to inherit, cannot affect the construction of the treaty. P. 440.</p> <p>5. In the practice of this country, the “most favored nation” clause-is held not to extend the rights acquired by treaties containing it because of reciprocal benefits expressly .conferred i