Estate of Smith

Sec. 318.03 (4), Stats., 1 embraces cases both of unclaimed legacies and of intestate property. This is a case of an unclaimed legacy and at the time it was ordered paid to the state, its owner was known but his whereabouts was not. The facts in this case are to be distinguished from a case of intestate property paid to the state whose owners are not known or determined.

The state argues, as it has on previous occasions, the trial court was without jurisdiction under sec. 318.03 (4), Stats., to order payment to a person other than the adjudicated owner unless transfer of his title has been…