711.5421/22
The Minister in Switzerland ( Wilson ) to the Secretary of State
[Received February 25.]
Sir: I have the honor to refer to my despatch No. 1880, dated February 5, 1931, concerning the interpretation of the most favored nation clause as contained in Article 7 of the Treaty of 1850 between the United States and Switzerland.
In addition to the points which I submitted to the Department for its consideration before carrying out its instruction No. 1239, of January 15, 1931, I invite its attention to the discussion of the administration on estates of deceased aliens by Samuel B. Crandall in his book (second edition) entitled Treaties—Their Making and Enforcement, beginning with Paragraph 173, on page 411. The first sentence of this paragraph reads: “State courts have in various cases coming before them held that the consuls of a nation enjoying most favored nation treatment were entitled to privileges and rights in administration on the estates of deceased countrymen extended by treaty to consuls of a third nation”.
Mr. Crandall’s discussion is so pertinent to the case at issue that I have ventured to supplement my despatch No. 1880 by this addition.
Respectfully yours,