The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-10-30
Estates OF Intestste Foreigners-Dnacs q
Foreign Cos-s~ls.
PuBLIo ADSrsisrrAIoRs Orrseu}
NEw loxs, Get. IL, 1866. (

L
Foreign Cosssuls.
Pubic ApsrlsrrAroRs oYruu,
sEw foxs, oct. il, 1866.
Bon. Gales CrsEAGc
SRI perceive from ths newspBecrs published In this
city, that you have delivered opI the subject 4
the relation Of foreign Consr TO their deceased country.
A. an oaiy Brought In contact with foreign Con.
suls il os this ns'-re II ~oud rs. be passnC
700 far apen your couresy would peg OF you to farns
ne With copy u your opinion st your convenience
PETER B. swEkNY, PUBLIC Adr,nistra.or
ArroK.nr GsSr.aa's OFFICE oct n, 1850
SH--l desy received youI etier Of u Ilth INST, ~
ut NJ the Request Of the Secretary Of State the sat
cs OF the resn Of foreign Com nis 70 the escAs a. d.
'arl OF state fave the honor 30 enclose herewith the
desired copy. am, respectfully. @. CUSHING.
tbs OPINION.
ATyoKAKY dEDRAL's Orncx, Sept. IL. 1883
SIR have the honor respopd herewith 70 sb4 IN
pures Of the Esyoy Of the Emperor Of Braz.r ~
rhe estates OF pescas subc,s OF other goveruceusG
who may die in the United leaving property core
70 necessary 10 remark in the first place that With
exceptions not material be mentioned here becar,s of
nav iule coDosrn so the ess OF foreigners with
sncb immseria exceptions the regulation OF succes
sisBs IN the Uned tates whether or ntee tate
olesys "a The ocsiiufsdicton OF the indy,dua
J. sse SECOND place the property ofthe decedent BE
real esxte-the immovable prop rty OF toe civil law
then ~ disposition cepends altogether on the laws
of ths place Uniess there be treaty stpalaiaoos
of personal estaie excessively the local authorities are
alone conapeten, to deterDDe questions of Inheritance
AS noveabies- personal eHe ;ts--tben also uaias
tie contrary be s,pucsed by treaty, the admnistraos
o.hs state q iore'ea de. edeat Is primarily sQass
uon OF tne local jurisdiction, md hs Coasu inter
W ne only 20 far as the LEGAL may permit though the
oi'nbuiro Of the esfae ~sli not OF necessity be 60
verned By she local las
lhe course Of proceeoD. With alton the rights a
third pare' heirs cres,ors, may be illustrated By
example o The lawt o the State OF New YORK.
u any pe,soD die ntea;asr in the State OF New York
leaving eaeess ~ be aooaiatered, the aimn,s,rASss
viii be granted TO the widow or tn Of kin.
or in their default to ~reetor, prov,aed that the
sdninlsssaser muht oe person jaris 10 law,
and either s'iizsn OF the laed states not
rtsoept of the State II no person enttled appear
armnister, then Administration will go apppo
pirate prsin oMcer OF be State II the next of kin be
minor, bis gsAdiao may ee appointed Admlnistsatov h
hs stesd
H,he party ae ,es,s,e leaving ELECTS State is&
ters tssamensAry may be ted 10 the sesmenssSy
executor, II ne oe comps tent 10 act-Inat is he bo
s Jur and unless he be al alien not resident In the
In either contingency, the distribution OF the property
IN case of iaiesacy, and ts estanenry destination in
Of estacy, will be govern BY the law Of the DE-
cencenis proper domicii With come exceptions perhapa
when the co ppetng claims OF domestic and foreign Us
oitors a1cct The property
New York IN these respects There h difference u d
ail in loms Of ihe States, but beF g alton Is ali refer
able " the same general principles OF Jurisprudence
In all ,h,se the Consul OF the deceoeLts' COON
try has no Jurisdiction. be may intervene by way of
Corsu snd OF right
Thus VI the decepcent. seipg foreigner leave In the
state miner hsr tue Consul OF bis country inter
sspe IL see taas he have proper guardian ~ -
interest in The succession Or tae oecedent leave .
viii intended to operate In bis country t the rixns
o the Consul ann his duty the CIRCUMSTANCES requtro
= that In the absence of adult nen the spos -
zee TO the sae ke. ping Of the wi and n IAnsmisses
suncry legislative Of the United States proceed -
me aseImpon that American Gopsuls In foreign
rts will collect AND remit the assets Of decea Ame
n Ia will dan nd NJ
on ueh II the foreign country permitted BY tssA
aw, and go ia AZ permitted The Consul may do n bel
not oihfrwise nor further unless allowed by treaty
And soM with repcc 70 tore gD Consrs In the Stass
Of the Union.
there be debts she eaiase Of - 4
cedspt or cor fctng elaims upon -herc b -
opy by appo nj ment OF the local authority
But " fhsrs be no mgtous matt. invo ved-a traveller
or o'her uaIti u, peis1 dying with p rsona efscss
hnpcthe Consul may vel possession Of the
for Transmission g. he dececcnt's country
The true r, aiiors OF The question are sufncensly n
usra'ed by the tenor Of old article Of treaty bstwosa
aocordipe 10 which IL stipulated that the respective
oresn ce1sus may Inventory The effects OF dcoessc1
tourtr, man. remit them, without interveauca 4
any local tribunal. (See Aiitz Des ConsuiaN A rEtrNn
The dfncully ' q COMP, ing with ,h,. supuluo. =
Sran soon became apparent IN consequence Of whSch
The local authority shall maze duplicate Inventory, anA
shsll hear and adiudge at contested (Sovisnn
Recoptlsc'eu, lib Vi it Is, ~
INV thtuc ulnSuly Hutt " Courft nsNe enesoo -
EreArd
onsus IN country the oher vsi,ed the quessor
from time 10 time, un, IN the pears 1889 and $780, by
undergoing almost simultaneous In Madrid aa1
N London, through N. claiu of British Cansu SpAs
exercise complete j1rsdcuon the matter witch the
Srenish government refused aud the OF SpAnisA
Corsu IN Eng and, which the Briish govc-nmant re-
fused was at cng settled % the effect that with
sfhnduE the ussiy, the consular right both aidea
be limited 20 the inventory of the fleets found In
The dwelling OF the deceased subject always tho 10
convention ofthe local authorities any co0estsl
rrht on the part Of third (Requems D-seche
nierr sconsi, tom D. p. 412
the general rule undoubtedly In ell the co inirss
n ufCbrstepdom s that the local authority pose
fake the inventory vii. the functions Of ths
Consul being then bounded TO the right of assisting be
ha of the legal representatives Of tie deceased (santoa
rnit du Con'u TON, p 81 tom. a. note 5aj
SUCH and such onv, except where special sip asftoca
~ rtny intervene 70 change the rule, Ia the adm cl
autoriy OF foreign conHus 10 questions
N the several Sta,e of the rricn well In Europe
(ne CLERGY Il De Wallet Guide des Coasulaus. o ass
In the Federal Courts OF Admiralty vnen adjud,cssns
II ptize or other questions of
tiona rsht foreign Consus admiued appear b
sent but eventhere, what they do the
rtiidnce rather thsn jurisdiction for thcy deemed
rrmpeteu TO receive the proceeds OF property bced In
be absence Of specific porsrs enanans from compceas
xuthority.
In 90 far the Cossul has power 70 act In these ma,
tera nj all, be may scf by pfocutauon.
As 10 the evtnt Of the country 10 which the Consuls
faculty Of surveillance rsache- of succession,
ut and the of his szey'aar; bat any
difficulty arisipg In this could he
position Of the Minister of governmcaa
accredited 90 the United States
aury suggested by Mr.. Cavslcsnu d'Albuquersus.
have The honor 70 be, very respectfully,
Hon VIZ. l.. NANCY, Secretary Of STATE.