## Facts

- James J. Hannigan, a U.S. citizen, died intestate in 1917 owning real property in New York City.
- Hannigan was survived by two daughters, Sara E. Techt and Elizabeth L. Hughes.
- Sara married an Austrian-Hungarian citizen in 1911 and, under federal law, took her husband’s nationality.
- The United States declared war on Austria-Hungary on December 7, 1917, before Hannigan’s death.
- Sara and her husband resided in the United States; neither was interned, and their loyalty was not questioned.
- New York law permitted inheritance and ownership of real property by “alien friends,” but restricted rights of “alien enemies.”
- Sara claimed a right to inherit under an 1848 treaty between the United States and Austria granting reciprocal rights to take real property by descent.

## Issues

1. Whether war between the United States and Austria-Hungary terminated or suspended the treaty provision granting reciprocal inheritance rights.
2. Whether the treaty, if still operative, superseded New York restrictions that would otherwise bar an “alien enemy” from inheriting by descent.
3. Whether enforcing the treaty’s inheritance provision during wartime was inconsistent with national policy or safety.

## Decision

- The Court of Appeals affirmed the interlocutory judgment recognizing Sara’s inheritable interest and allowing partition and sale.
- The court answered the certified question—whether Sara had an estate of inheritance—in the affirmative.
- The court held the treaty’s inheritance provision remained in force because it was not shown to be incompatible with national policy, safety, or the prosecution of the war.

## Legal Principles

- At common law, an alien could generally take land by purchase and hold until divested, but could not take by descent absent statutory or treaty authority.
- A treaty in force is supreme law and prevails over conflicting state rules concerning property succession.
- War does not necessarily terminate all treaty provisions; courts determine whether the specific provision at issue is incompatible with wartime policy or national safety.
- Treaty provisions permitting inheritance (often coupled with liquidation through sale and removal of proceeds) may remain enforceable during war where they do not conflict with wartime interests.

## Conclusion

The court held that an unrevoked treaty clause granting reciprocal rights to inherit real property by descent survived the outbreak of war to the extent it was compatible with national policy and safety, and therefore conferred upon a resident enemy national an estate of inheritance in New York land notwithstanding contrary state restrictions.


Techt v. Hughes, 229 N.Y. 222, 128 N.E. 185 (N.Y. 1920)