State v. Smith
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County. John Smith, a native of England residing in California, and a naturalized citizen of the United States, died intestate in Sacramento, California, November 3, 1883, leaving certain real and personal property therein as his estate. He left no heirs resident in the United States, but he did leave one nephew and three nieces, natives of and residing in England, as his only next of kin.
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Appeal from a judgment of the Superior Court of Sacramento County. John Smith, a native of England residing in California, and a naturalized citizen of the United States, died intestate in Sacramento, California, November 3, 1883, leaving certain real and personal property therein as his estate. He left no heirs resident in the United States, but he did leave one nephew and three nieces, natives of and residing in England, as his only next of kin. The nephew, John Smith, Jr., came to California and obtained letters of administration upon the estate, after having declared his intention to…
1Opinion of the CourtMcKinstry, J.
The constitution (art. 1, sec. 17) prohibits the legislature from depriving resident foreigners of any of the rights enjoyed by native-born citizens with respect to the acquisition, possession, enjoyment, transmission, or inheritance of property.
There is no provision of the constitution which prohibits the legislature from conferring the same rights upon those born in foreign countries who have never been residents of the state.
Section 671 of the Civil Code provides:—
“ Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state.”
It is…
2Cited by28 opinions
- Estate of HormanCalifornia Supreme Court · 1971
- City of Pasadena v. CharlevilleCalifornia Supreme Court · 1932
- Brandenburger v. StateCalifornia Supreme Court · 1952
- People ex rel. Attorney-General v. RoachCalifornia Supreme Court · 1888
- People v. FitzpatrickCalifornia Supreme Court · 1904
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