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International Law Keyed to Damrosche
Techt v. Hughes
Facts
Techt’s (D) dad who was an American citizen, died intestate in New York. His daughter, Techt (D) had tied the knot with an Austro-Hungarian citizen and under federal law at the time; she had lost her United States citizenship as a result. The New York law allowed Techt (D) to take property as inheritance if she were to be an alien friend. When the court established this fact and that she could claim half the inheritance, her sister appealed on the ground that she was entitled to the whole property because Techt (D) was an alien enemy. The appeals court found Techt (D) to be an alien enemy at this time because the U.S. was at war with Austria-Hungary in 1919. Techt (D0 however based her argument on the terms of the Treaty of 1848 between the U.S. and Austria nationals of either state could take real property by descent.
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