ESTATE OF LARKIN

Docket Nos. L.A. 27652, 27653.

65 Cal.2d 60 (1966)

416 P.2d 473

52 Cal. Rptr. 441

Estate of JOHN LARKIN, Deceased. KUZMA VASILIEVICH KOROLEV et al., Plaintiffs and Appellants, v. STATE OF CALIFORNIA, Defendant and Appellant. Estate of LIESE MARIE TERRY, Deceased. KARLINA SIMSON et al., Plaintiffs and Respondents, v. STATE OF CALIFORNIA, Defendant and Appellant. (Consolidated Cases.)

Supreme Court of California. In Bank.

August 2, 1966.


Attorney(s) appearing for the Case

Slaff, Mosk & Rudman, Mosk & Rudman, Val Linton and Edward Mosk for Plaintiffs and Appellants and for Plaintiffs and Respondents.

Stanley Mosk and Thomas C. Lynch, Attorneys General, Elizabeth Miller and Ralph W. Scott, Deputy Attorneys General, for Defendant and Appellant.


TOBRINER, J.

The present cases, consolidated for appeal, require us to construe and apply section 259 of the Probate Code which restricts the freedom of Californians to leave their property to nonresident aliens. That statute makes the validity of such gifts conditional upon the existence of reciprocal rights, on the part of United States citizens, to share without discrimination in estates governed by the law of the foreign beneficiary's own country.

The...

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