Doehrel v. Hillmer

• Decision Date: 14 May 1897
• Citation: 71 N.W. 204,102 Iowa 169
• Parties: DOEHREL v. HILLMER ET AL.
• Court: Iowa Supreme Court

102 Iowa 169

71 N.W. 204

DOEHREL

v.HILLMER ET AL.

Supreme Court of Iowa.

May 14, 1897.

Appeal from district court, Black Hawk county; A. S. Blair, Judge.

Hannah Halbfass, a citizen of Iowa, died seised of certain lots in La Porte City, and 120 acres of land near there. In her will she devised such property to Caroline Doehrel, of Erie, Pa., and Heinrick Hillmer and Wilhelmina Prellburg, of Hanover, Germany, share and share alike. She died February 3, 1892, and her will was admitted to probate March 15th of the same year, and afterwards the title of each devisee to an undivided one-third of the property was confirmed by a decree of court in an action to quiet title. Wilhelmina Prellburg was a widow, and died December 11, 1893, leaving, her surviving, three sons, Heinrich, August, and Christian Prellburg, who are also residents of Hanover. Her will, admitted to probate in Germany, was not executed as required by the laws of this state, and no claim is made thereunder. She also left the following next of kin, residents and citizens of the United States: The plaintiff and Louisa Sindlinger, sisters of deceased, and the other appellants, who are sons of a deceased brother. This is an action for partition, and the only question involved is whether the undivided one-third of the property which belonged to Wilhelmina Prellburg descends to her sons in Germany, or to her next of kin in this country. Decree was entered declaring the sons entitled to the property. The next of kin, except plaintiff, appeal. Affirmed.Mullan & Pickett, for appellants.

Alford & Gates, for appellees.

LADD, J.

Under the will of Hannah Halbfass, Wilhelmina Prellburg took an undivided one-third interest in the real estate in controversy. She was a resident of Hanover, Germany, and a subject of the king of Prussia, at the time of her death, and left, her surviving, three sons, August, Heinrich, and Christian Prellburg, who are also residents of the same place, and subjects of the king. They claim to have taken this property from their mother by descent. Under the laws of this state, nonresident aliens cannot so acquire land. Furenes v. Mickelson, 86 Iowa, 508, 53 N. W. 416;Burrow v. Burrow (Iowa) 67 N. W. 287. They rely, however, upon a treaty concluded between the United States and the king of Prussia May 1, 1828, and ratified and proclaimed March 14, 1829. A part of article 14 only need be quoted: “And where, on the death of any person holding real estate within the territory of the one party, such real estate would, by the law of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation, and exempt from all duties of detraction on the part of the government of the respective states.” The provisions of this treaty are controlling, even though in conflict with the laws of this state. Opel v. Shoup (Iowa) 69 N. W. 560;Wilcke v. Wilcke (Iowa) 71 N. W. 201.

The mother took the property by purchase, within the meaning of chapter 85 of the Acts of the 22d General Assembly. Bennett v. Hibbert, 88 Iowa, 154, 55 N. W. 93. Section 2 of that chapter is: “Any non-resident alien may acquire and hold real property to the extent of three hundred and twenty (320) acres, or city property to the amount of $10,000, in value, providing that within five years from the date of purchase of said property, the same is placed in the actual possession of a relative of such purchaser, the occupant being related to such owner within the third degree of kindred, or the husband or wife of such relative, and...