Wieland v. Renner
New York Supreme Court
Carl Hafner, a naturalized citizen of the Hnited States, died in 1874, leaving seven brothers and sisters, or their children, as his only next of kin. They were all non-resident aliens, residing in Wurtemberg, except the defendant Renner and the plaintiff and his sister, and a nephew of the deceased, named John Phillip Michael Hafner, who was a resident alien.
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Carl Hafner, a naturalized citizen of the Hnited States, died in 1874, leaving seven brothers and sisters, or their children, as his only next of kin. They were all non-resident aliens, residing in Wurtemberg, except the defendant Renner and the plaintiff and his sister, and a nephew of the deceased, named John Phillip Michael Hafner, who was a resident alien. The defendant Renner was a daughter of a deceased .sister of Carl Hafner, and at his death was the wife of a citizen, and resided in this country. She was the only person who could directly inherit from her uncle, and she took…
1Opinion of the CourtLawrence, J.
1. The only one of the non-resident alien heirs of Carl Hafner who took advantage of the provisions of the treaty between the Hnited States and the king of Wurtemburg, was the mother of the plaintiff and of Mrs. Muller, whose children are parties to this action, and I am, therefore, of the opinion that the objection that the alleged non-resident alien infant heirs of said Hafner were not made parties to this action is not valid. The treaty in question provides
i “ Article 2. Where, on the death of any person holding real property within the territories of one party, such real property *247would,…
2Cases cited3 opinions
- Luhrs v. . EimerNew York Court of Appeals · 1880
- Soule v. United StatesSupreme Court of the United States · 1879
- Grady v. WardNew York Supreme Court · 1855
3Cited by1 opinion
- Scharpf v. SchmidtIllinois Supreme Court · 1898