Vonica v. Stoian's Unknown Foreign & Non-Resident Heirs

MR. CHIEF JUSTICE ADAIR:

(dissenting).

I am unable to agree with the majority opinion.

There is not now in force between the United States and Rumania any treaty or other agreement containing provisions according reciprocal rights of inheritance.

In the absence of treaty provisions relating to the right of the nationals of either country with respect to the inheritance of or succession to property in the other country such matters are governed by the laws of the jurisdiction in which the decedent’s property is located.

*60In the instant case the decedent was domiciled and died in the State of Montana…