811.0444/89
The Ambassador of the Soviet Union (Gromyko) to the Secretary of State
Aide-Mémoire
The Surrogate’s Court of the State [County] of New York (Judge Foley)80 during the past four years has passed several decisions on inheritance cases of Soviet citizens, which were submitted to the above court for consideration. The decisions of the court tend to discriminate against the property rights of the citizens of the U.S.S.R. The first among such decisions was passed on February 15, 1940 in the case of Bold. Having recognized the property rights of Soviet citizens to the property left to them by their deceased relatives, the court at the same time refused payment of inheritance shares to Soviet citizens, ordering deposit of such shares with the City Treasurer of the City of New York. Later, the above-mentioned court in cases of inheritance due to Soviet citizens, passed similar, tending to discriminate their interests and rights, decisions. In particular, the court passed a decision in the case of Alexandrov, refusing to satisfy the lawful rights of Soviet citizens for the receipt of inheritance due them, having deposited the sums with the City Treasurer of the City of New York.
The decisions in question have been based upon Section 269 of the New York Surrogate’s Court Act, which reads:
“Where it shall appear that the legatee, distributee or beneficiary of a trust would not have the benefit or use or control of the money or other property due him, or where other special circumstances make it appear desirable that such payments should be withheld, the decree [Page 882] may direct that such money or other property be paid into the surrogate’s court for the benefit of such legatee, distributee, beneficiary of a trust or other person or persons who may thereafter appear to be entitled thereto. Such money or other property so paid into court shall be paid out only by the special order of the surrogate or pursuant to the judgment of a court of competent jurisdiction.”
For passing a decision the court also used the amendment included together with the above section in the bill which was used as basis for decisions of the court, which reads:
“This amendment is proposed by the Executive Committee of the Surrogate’s Court Association of the State of New York. The purpose of the amendment is to authorize the deposit of monies or property in the Surrogate’s Court in cases where transmission or payment to a beneficiary, legatee, or other person resident in a foreign country might be circumvented by confiscation in whole or in part. The amendment authorizes the impounding of the fund by the Surrogate to await the time when payment can be made to the beneficiary for his own benefit, use and control.”
It is known that cited above bill and amendment were passed with the purpose to protect the property belonging through inheritance to residents of Germany against whom the present German Government has proclaimed and enacted discriminatory laws of confiscation, fines and expropriation on account of race or religious belief.
It is also known that the right to inheritance of personal property of citizens is protected by the Constitution (article 10, Constitution of the U.S.S.R., 1936) and is under the protection of law, and there exists neither full, nor partial confiscation of inheritance shares and the heirs can fully possess the inherited property and use it in accordance with their wishes.
The Ambassador would be grateful to the Secretary of State if the proper United States authorities would undertake all measures within their power which would make it possible for Soviet citizens to receive rightfully belonging to them, as heirs, money or other property, left in their names or in the name of authorized by them attorneys.
- James A. Foley, Judge, Surrogate’s Court (Probate Court), New York County, since 1920.↩