Robert F. Kennedy, Attorney General of the United States v. Union & New Haven Trust Company, Administrator of the Estate of Helene Schuff Noll

HINCKS, Circuit Judge.

Anna Hartmann, a Connecticut resident, bequeathed to relatives in Germany remainders which had vested in 1948. On January 28, 1952, and before final distribution of the Hartmann estate, the Attorney General, acting under § 7(c) of the Trading with the Enemy Act, 50 U.S.C.A.Appendix, § 1 et seq., issued an order vesting these bequests in himself as Alien Property Custodian. He then applied to the Probate Court of Middle- town, Connecticut, for distribution of the shares. The Probate Court refused the requested order.

On appeal, the Supreme Court of Errors held that the…