Wiederanders v. State

Citations

• 64 Tex. 133

Syllabus

<p>1. Escheats — Publication.— Although the constitution gives the district courts jurisdiction over the subject-matter of escheats, it expressly provides that the legislature shall declare a method for giving effect to escheats, and this jurisdiction can be exercised only in the manner prescribed by the legislature. The legislature has declared that, in addition to actual notice to persons in possession of, or claiming, the estate sought to be escheated, given eight successive weeks previous to the return day of the citation, a notice shall be published in the county newspaper, setting forth briefly the contents of the petition, and requiring all persons interested in the estate to appear and show cause why it should not be vested in the state. In case this requirement is not complied with the court has no jurisdiction.</p> <p>2. Same. — It makes no difference that parties appear and claim to be the heirs of the deceased; their claims cannot be considered until all persons who may be interested in the estate are notified in the manner provided by statute.</p> <p>3. Proof.— In order to sustain an action for escheat, it is necessary for the state to produce some proof that the deceased died without having devised the property and that there was no administration upon the estate.</p> <p>4. Aliens — Condition subsequent.— By express provision of the constitution of the republic, aliens could take by inheritance from a citizen, and were given a reasonable time within which to become citizens or to dispose of their estates. The act of January 28, 1840, re-enacted March 18, 1848, fixed nine years as a reasonable time, and provided that unless an alien should become a citizen or dispose of the estate within that period, it should be declared forfeited and should escheat to the state.</p> <p>5. Same.— An estate in fee vests in the alien immediately on the death of the ancestor, subject to be defeated by his failure.to become a citizen or to dispose of the estate within the