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ESTATE OF RADE

259 Wis. 169 (1951)

ESTATE OF RADE: STATE, Appellant, vs. ALIEN PROPERTY CUSTODIAN, Respondent.

Supreme Court of Wisconsin.

May 8, 1951.

Attorney(s) appearing for the Case

For the appellant there were briefs by the Attorney General of Wisconsin, Stewart G. Honeck, deputy attorney general, and Beatrice Lampert, assistant attorney general, and oral argument by Mrs. Lampert.

For the respondent there was a brief by Harold I. Baynton, assistant attorney general of the United States, Timothy T. Cronin, United States district attorney for the Eastern district of Wisconsin, and Thomas H. Creighton, George B. Searls, and Irwin A. Seibel, Department of Justice, all of Washington, D. C., and oral argument by Mr. Seibel.

BROADFOOT, J.

Upon this appeal the state contends that the issues in each case must be resolved on the basis of the interpretation of the Wisconsin statutes by the state courts. There seems to be no issue in respect to that contention.

The state next argues that the Wisconsin statutes condition succession upon the distributive share being claimed by the heir, and provide for alternative succession to the school fund on failure of the condition. The state is...

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