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Property Law Keyed to Kurtz
Metzger v. Miller
Citation:
291 F. 780 (1923)Facts
In 1914, Mathilde Graf died in Sacramento, leaving most of her estate to her sister Karoline Schwab, who lived in Germany and was a German subject. The estate included cash (over $63,000), which was transmitted to Schwab in Germany, as well as two parcels of real estate in Sacramento and notes secured by trust deeds. Before the United States entered World War I, Schwab wrote multiple letters to her son, August Metzger, who had lived in the U.S. for many years and was a naturalized citizen. In these letters, she urged him to leave his job in Idaho and move to Sacramento to manage her interests in the estate. She repeatedly stated that she intended for him to have the property (except the cash), noting that as her illegitimate son, he had never received his fair share from her husband’s estate. Metzger relocated to Sacramento, occupied one of the properties, and collected rent from the other. After the U.S. entered WWI, the defendant Miller, as Alien Property Custodian, seized the property as belonging to an enemy alien under the Trading with the Enemy Act.
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