State ex rel. Toop v. Thomas

The following opinion on motion for rehearing was filed May 17, 1919. Rehearing denied.

In the briefs upon the motion for rehearing it is assumed that chapter 58 of the Laws of 1889 has no application to nonresident alien heirs of a resident of this state. The first section of the act applies to all nonresident aliens, and provides that they shall not take or hold lands by descent. So far as they are prevented from inheriting, their rights would, of course, revert and escheat to the state; and the purpose of the act is to provide for such cases where the rights of nonresident alien heirs…