, 1866-12-01
PROPERTY OF DECEASED ALIENS,
Important Decision by Hon. J. 3.
Bradwel1-The Laws Of Illinois,
and Of the English Ecc1c-
siastica1 COurts-N0
Reciprocity Be-
tween 1iiems
Rights Of Foreign Consnls-A Lowering
OF Dt.nft5-So one 1na5 be Ap-
pointed By a Enlrt who Ii
not AnscnubSc to Ii,

before Judge J. D. DraitEclI, Of the County Court,
CURING The month Of October last, involving The
question q who sf,al! administer upon the estate
county, leay.Dg no 1rlatis Of c1edtoss IN ,'s III
eoahHy; The case cstne M en- the application Of
inc British Cong! to be taapouted admluls.rator
oppo'cl by The public administrator. Julius Ko.
.eashal' who claimed to be legally entitled 10 the
Ihc. Court yesterday decided the question, Ia.
Eolved IN esect It was held tnat The power to say
VINO ehali administer upon the estate or British
tGuS5eei ioand IN our stato fs not in the British
exclusively in tho people Of tho satc OF Illinoa,
and, they having rros,dctl ti,ronga she tectsla-
property. bus no relatives Or ered,tors 1i IN
this St1tr. llas tho pub blic administrator shall I've
appointed adua1uistrator Of such eata'c A fOrc!en
sonsnl lssnoning for administration has no
,;, n, opis ion Of the Cont was rs follows:
Mair1n, iIusI,ll: Bttfeh sno3ect died at Chi
leaving neither relatives nor creditors in Ills
state, s'u; 1caxfrg money on deposit Ia ihe statc
t. pas 70 & wSs H. sn
sui on demand made for that purpose, hui the
har. has expressed lis willingness to pay the tamr
70 aEE administrator OF said estate np1olutcd by
On On lie 9Th lay Of October. A. b. ,ssa Francis
wilkins fled his petition III this conrt and prayed
10 he appointed administration Of tald est1tt n,nn
On The same day ulius Roscnihal nled his petition
Y .s c1st sna ,sst;EnE he pet.ton ef " British
tor of said cstnie the ground TINT he Is nnhic
administrator, and that dreraeed lett NJ rrla,ises
o. Creditors in This Stale.
II o'derto rroreslY deterrnlne this case It wifi
re- necrssary 70 understand The duties or q consul
II regard to The settlement Of an estate, where
met; from which he Is sent and thc e,,atc iu i'm
country 10 which he 10 sent: and Aud also 10 az
an,s.e INC statute Of this State in regard to ,ho
Il l. the dn,s q a consul TO look after ths In
ss.n9 q which & b. = eseen
upon. to aid. with all his power, such subjects in
Eetttne thcte legal rights. and when property IS
s,. u snSh faoas asses9 soansy belonging 10 enen
tscn becomes h,s duty to ,see that Il Is properly
eased @ 'oI. 20 inr q permitted ly tho local law.
or attorney Of such absent SUBJECTS
Aeenrt!nc 10 the general law OF nations Il IL not
~, ths aqS ot consul in case Of the death Of sub
which lc u sent. leaving pe:son.l assets IN sneh
country; 10 do more than &c c1a se consnl under
M the 1oea, law aEd whatever he docs ID the pstm1-
anu not =: m officer Q! = foreign probate court.
4, ~ lnr Aosence OF au cxprcse statute couaruIur
M powsr whenever consul seeks to become Il
Go,cIHment. he lowers the dicaliy Of his ofice
s1 and Gasefanent and i acting out of
10 which tho interests ol the abscnt brtrs 3r
lhc deceased who are euh5,ecla Of hIs own Govern.
ncot, ano When Standardization Is necessary not
tie foreign court to do his duty. Can il BE- clair1.
"a ttat r. couIt should appoint the Bzilish Con
ht should tail to PIT form hit duty tho Court should
order lin 10 proceed aEd upon bis refusal. an o.
der 10 show cause why he thcnld not be attached
ec 4 b. snd esetea he wapla @ hsss tho right e
consul at Chicago, Illinois, and you nave no rtshs
or power to order me 10 do an5tbiu:~your &c e.nsot
70 deal viii ae aam,a,tsof ssnu1d e, Hse1 nare1
be appointed who cannot be made TO feel TIC
power Of the court that appoints him, for wilful
W have thus .sr spoken Of tn. duties Of Con-
enl N general. under the Laws OF nations without
msni. or he DECISIONS os lie II Erc1l.R nj = eo,Ts.
lhe acs & q GonGIsst on The rowess q conauis,
take possession Of the peztonAl estatc lett by any
Citizen OF the Cnitea StA'es who ehall die within
their consulate, leaving thus no legal representa-
Cd TO take charge Of hie enet*, collect the debts
due 10 the decc.eed In the couuify where he died
SHALL then bare contracted, and Al The expiration
OF one year from his deeesxe ehaIl tfaos,nit the
TesidEe TO ihc Treasury Of the United Stat~a. But
representatives cf the dcceased shall appear and
Htnand lss elects in their hands, they shall DE-
Liver shsn un, BY rs s. sss Of Aaeqst issa
iaf The laws of The country will permit to pro-
teet The rroperty Of the deceased l.om any inter
1c!eHEc ot ioe iocA 1ulnot1Qe1 OF the country
uf Consuls under thts act. zee 1he very
aSle opinion eireu b. As.!ornsy General Cushing.
eItsd above. Colonel Atpinwall, The American
ccksut General applied 10 the Enelish Eccles!as-
ca! ConH ro be appoiu:rd adntnistrator on the
estate OF John Hammond. 4 citizen OF the United
states. who died In England leaving personal
In delivering the opinion Of The court Sir uer-
1srt 2tnntr ttd ~ appeaEs that on The death Of
Ar- Hammond. Colonel Asplnwa1l, the American
rcsty about him. pa.d his funeral ana otneE c1-
r nses, but upon application to Messra- Barring s
tapat untst letters Of a1mInisuasloa wetc taken
Out. and they could obtain valid dtseharEe.
i,,,tH IN !, ha mt ,ar aware ;. q ~ ate II II
coantsy, il +: eompe,ett 70 4 Ereteu consul to
dying hcse II ttlat,s. do@islled In Ills own eoun-
:. ls it then tho Law and practice Of this Court
tsat tucb an administration should be granted!
sarrschcnd not. acl that Tho Crown IL the
| ratty TO sec that The property Of any person
Sera r. asa ss lhe IL Il bs sa Con-
| British subjects IN similar ctscpmstan:ns. But
or e1press enactment, and Il not l1w which this
country is bound 10 follow. This couctry has not
adopted tho principle Of reciprocity IN this re-
evidence to show that the admlns. ration ought to
! 1cci his petition. No elalra u made BY The
ss1Te 1Ta E1,plawsn s1l ss' The oaeens Proctor
The following authorities sustain tho doctrine
y m ia3d down III the abovc casc: Adams Feel.
| by Tnstran. Il "; Dcdd l. books rrobatc
I Ir7tice, fiaa and note; Cootes' Probate 133; The
iNblie Adn!r1ttEh:or IA. hughes, Brad Sur. r.,
~: Ec1r1c ". Public Administrator, Brad Sur.
The British statute In regard to the rcbt Of