Santovincenzo v. Egan

Background

An Italian man who lived in New York died without a will and with no known relatives. The New York Public Administrator handled the estate and, after paying debts and fees, the Surrogates’ Court ordered the remaining $914.64 paid into the New York City treasury under state law. The Italian Consul General claimed the money, arguing a treaty right that would let the consul receive the estate when a subject of Italy dies abroad with no kin.

Reasoning

The key question was whether a treaty rule could let the foreign consul take the estate even though the decedent lived and was domiciled in New York. The Court read the consular agreement with Italy together with an older treaty provision for Persia and concluded the most-favored-nation clause gave the Italian consul the same right. The opinion says the treaties describe people by nationality, not by where they lived, and that federal treaties override conflicting state law. The Court therefore reversed the state court and ordered the net assets delivered to the Italian consul.

Real world impact

The ruling means that when a foreign national dies in the United States with no heirs and a treaty applies, a foreign consul may be entitled to the unclaimed estate rather than the state keeping the funds. It also makes clear that treaties can displace state rules about unclaimed property when the treaty language covers the situation.