Legal Opinion

United States v. Fish

District Court, D. Alaska

Decided January 5, 1914No. 632PublishedCited by 2 opinions

Louis Camicia died intestate, and, so far as is known at this time, without heirs, at Valdez, Alaska, May 12, 1912, leaving estate consisting principally of real property, and some little personal property, in Valdez, Alaska.

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Louis Camicia died intestate, and, so far as is known at this time, without heirs, at Valdez, Alaska, May 12, 1912, leaving estate consisting principally of real property, and some little personal property, in Valdez, Alaska. The question in this case is: Does said estate escheat to the United States, or to’ the territory of Alaska? On July 31, 1912, letters of administration were granted by the probate court at Valdez to Administrators Fish and Caswell, who filed their final report, and a decree of said probate court was filed August 13, 1913, directing Administrator Fish to hold and…

1Opinion of the Court

BROWN, District Judge.

At the time of Camicia’s death the following was the law:

Carter’s Civ. Code, § 16S, par.- 7: “If the intestate shall leave no lineal descendants or kindred, such real property” shall escheat to the United States.”

Also Carter’s Civ. Code, § 182: “When any person shall die without heirs, leaving any real or personal property in the district, the same' shall escheat to and become the property of the United States.”

The remaining sections of this chapter provide for the manner of establishing the escheat, giving notice, entering judgment, and making sale.

On August 24, 1912,…

2Cases cited5 opinions

  1. Hamilton v. BrownSupreme Court of the United States · 1896
  2. Ellis v. StateCourt of Appeals of Texas · 1893
  3. Sands v. LynhamSupreme Court of Virginia · 1876
  4. State ex rel. Roberts v. ReederNebraska Supreme Court · 1876
  5. Christianson v. King CountyDistrict Court, W.D. Washington · 1912

3Cited by2 opinions

  1. Territory of Alaska v. First Nat. BankCourt of Appeals for the Ninth Circuit · 1927
  2. Kennedy v. GatzDistrict Court, D. Alaska · 1961

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