The daily morning journal and courier., 1898-01-19
NOVEL QUESTIONS OF LAW.

States in Regard to the Law of h.
 heritance.
 The settlement of the estate of Dan Tel Flynn, late of this city, deceased, brings up some novel questions of law as to the right of aliens to inherit real estate, and very forcibly shows the in- justice of the statute which gives his surviving wife, when he failed to make a will, practically none of his estate, because it consists principally of land, and not money.
 MT. Flynn was married about 1870, he had no children, and, on his death, left real estate of the value of $16,500, and personal estate of the value of $2,- 800. By law his surviving wife was en- titled only to one-third Of the net rents of the real estate during her life, and one-half of the personal estate, if there was any left, after the payment of fun eral expenses, the claims against the es- tate and the cost of settlement. From present indications there will not be any personal estate left of which she could get a share, and as she has since died, her interest in the real estate terminat- ed with her death, so that there is prac- tically nothing from her husbands es- tate, which can go to those whom she, by her will gave any property she was entitled to.
 It has been said that MT. Flynn owed his start in life largely to the money which his wife had saved at the time of his marriage, and by her thrift, fru- gality and economy for more than a quarter of a century since, his estate has grown to it's present sum, and yet, because he happened to have the money invested in real estate, and omitted to make 8 will, the law during her life gave her a miserly pittance from 1t, and gave her no part of it which she could bequeath or devise to her own relatives. The heirs of MT. Flynn are five brothers and sisters in America, one brother in Ireland, and one sister in Australia, As nonresident aliens except they are citizens of France, can- not take real estate by descent in Con- necticut, it is claimed that the real es- tate will be divided only among the brothers and sisters of MT. Flynn who live in America, and that the brother in Ireland and the sister in Australia will get no share of it.
 The relations of MT. Flynn with his brother in Ireland were always of the most friendly character. That brother was the only one of his relatives that he had ever assisted in a financial way, be- ing probably the only one who needed it, and of late he had contributed | largely toward the education of a son of that brother, who is studying for the priesthood in a seminary In Paris; and when in Ireland two years ago he brought another son to America with | him, who became a member of his fam | fly. Now that MT. Flynn died without making will, this brother can take no part in his estate, because it happens | to be land.
 Connecticut is one of the few states that has kept alive this old law prohib- iting aliens from owning real estate with in it's boundaries. Many of the other states have repealed that ancient law. and where it has not been repealed the governments of other countries have by | treaty with the United States provided either that the inhabitants of each country of the other the same rights in regard to real estate as citizens; or l they shall have a specified number of years; or a reasonable time after the | death of relative to sell the estate, and withdraw from the country the pro- eeeds of such safe. Where q treaty eov- ering this question has been entered in- to with the United States, 1t supercedes all state laws.
 As early as 179S France obtained the right for any of its citizens to buy, sell, devise or inherit real estate; and simi- lar provision exists in the treaties with New Granada, the two Sicilies, San Salvador, the Swiss confederation and the Argentine confederation. The governments of Austria, Bavaria, Hesse Cassel, Nassau, Saxony and Wurten- berg have secured the right for any of their citizens to inherit real estate, but must sell the same in two years, and take away the proceeds; and the follow ing named governments have secured a similar right for their citizens, but the time limit for sale is three years: Bra gil, Central America, Chilli, Columbia, Ecuador, Guatemala, Hanseatic Repub- lies, Peru and Venezuela. The follow ing named governments have secured a
 reasonable time to convert the real es-
 tate into cash: Hanover, Hawaiian Is-
 lands, Mecklenburg Schwerin, Olden-
 burg, Portugal, Prussia, Russia, Sar-
 dinia, and Spain. Here are govern
 ments of all kinds, great and small
 powerful and weak, monarchies and re. publics, who have carefully looked after
 the interests of their citizens, so that
 they can inherit real estate in foreign
 land, but the name of Great Britain is
 not among them. That country, witt
 all it's vast commercial dealings with
 the United States, and even when so fal
 back as 1870 its parliament by an act
 allowed aliens unrestricted freedom ir
 the purchase, sale and inheritance ot
 real estate in it's dominions, has omit
 ted to secure a similar right for it's owr
 people in the United States
 The nephew whom MT. Flynn brought
 with him from Ireland was informed
 that his father could not by law re
 ceive @ share of the real estate, be.
 cause he was a nonresident alien, anc
 consulted Judge Walsh about the mat
 ter, who informed him that such was
 unquestionably the law. Judge Walsh
 however, advised him that, as he ant
 his sister are alien residents of this
 country, and would, in case their ia
 ther had died before MT. Flynn, be rec