INTERNATIONAL LAW-STATUS OF GERMANY-NATIONALITY LAWS-VOTING IN GERMAN ELECTION AS FORFEITURE OF UNITED STATES CITIZENSHIP

Petitioner, an American citizen living in Germany, voted in the January 27, 1946 election of local officials in Rodach, Germany, American Zone of Occupation, held under the direction and with the approval of the Office of Military Government for Bavaria. Petitioner was issued a certificate of loss of nationality, based on section 801(e) of the Nationality Act of 1940, which provides that American nationality is lost through voting in a political election in a foreign state. Held, petitioner had not lost her citizenship. The Rodach election was held in territory then ruled and governed by the United States and was held by permission and under the direction and by the authority of the United States and was not a political election in a foreign state within the meaning of section 801(e). Brehm v. Acheson, Secretary of State, (D.C. Tex. 1950) 90 F. Supp. 662

INTERNATIONAL LAW-ALIENS-CONFISCATION OF ALIEN ENEMY PROPERTY-ALIEN ENEMY CHARACTER OF SHINTO SHRINE IN HAWAII

Plaintiff, a Hawaiian corporation, brought suit under section 9 of the Trading with the Enemy Act for the return of real and personal property vested in 1948 under authority of section S(b). Evidence was introduced to show that plaintiff\u27s members were largely alien Japanese; that, prior to December 7, 1941, plaintiff operated what purported to be a Shinto shrine in Honolulu where three Japanese gods were worshiped; that the shrine looked like a Shinto shrine and was in some respects operated like one. It was further shown that plaintiff\u27s members had no real understanding of the tenets of Shintoism as it existed in Japan; that in Japan Shintoism had been distorted and used as an ideological weapon against Japan\u27s enemies; and that plaintiff had ties of love and affection with the Shintoist organization in Japan. The court found as a fact that plaintiff was not controlled, directly or indirectly, financially or ideologically, by the Japanese government, and that, whatever ties with Japan might have existed before or during the war, MacArthur\u27s order of 1945, providing that Shintoism would no longer be recognized as a state religion, divested the Japanese government of any control over Shintoism anywhere in the world. Held, the plaintiff has proven itself eligible under the Act to have a judicial order directing the Custodian to return to it the vested property ... it will be so ordered .... The evidence disclosed no enemy taint, and the vesting was a violation of the first amendment of the Constitution of the United States. Kotohira Jinsha v. McGrath, (D.C. Hawaii 1950) 90 F. Supp. 892

TRUSTS-CONSTRUCTION-WHETHER DEVISE OF ANY UNDISBURSED INCOME AFTER LIFE TENANT\u27S DEATH INCLUDES INCOME WHICH ACCRUED BEFORE LIFE TENANT\u27S DEATH

Testator\u27s residuary estate was put in trust to pay income, dividends and profits to the testator\u27s wife so long as she shall live. In the same paragraph the will provided that at her death the trustee shall stand seized and possessed of said residuary estate including any undisbursed income in trust. In a sub-paragraph the trustee was directed to pay over the balance of said residuary estate to St. Joseph\u27s Hospital. During her widowhood, testator\u27s wife was in Switzerland where wartime exchange controls precluded payment of income to her under the terms of the trust. Both her administrator and the residuary legatee claimed the income accumulated and held by the trustee at the date of ber death. Held, the income in question became a part of the testator\u27s estate and should be paid to the hospital. A will must be construed in accordance with the testator\u27s intention as indicated by his language which in this instance is unambiguous; the ordinary literal meaning of undisbursed income is not paid out, and testator intended to benefit only the chief objects of his bounty, his wife so long as she was living and the hospital. Rhode Island Hospital Trust Co. v. Otis, CR.I. 1950) 75 A. (2d) 210

TRUSTS-CONSTRUCTION-WHETHER DEVISE OF ANY UNDISBURSED INCOME AFTER LIFE TENANT\u27S DEATH INCLUDES INCOME WHICH ACCRUED BEFORE LIFE TENANT\u27S DEATH

Testator\u27s residuary estate was put in trust to pay income, dividends and profits to the testator\u27s wife so long as she shall live. In the same paragraph the will provided that at her death the trustee shall stand seized and possessed of said residuary estate including any undisbursed income in trust. In a sub-paragraph the trustee was directed to pay over the balance of said residuary estate to St. Joseph\u27s Hospital. During her widowhood, testator\u27s wife was in Switzerland where wartime exchange controls precluded payment of income to her under the terms of the trust. Both her administrator and the residuary legatee claimed the income accumulated and held by the trustee at the date of ber death. Held, the income in question became a part of the testator\u27s estate and should be paid to the hospital. A will must be construed in accordance with the testator\u27s intention as indicated by his language which in this instance is unambiguous; the ordinary literal meaning of undisbursed income is not paid out, and testator intended to benefit only the chief objects of his bounty, his wife so long as she was living and the hospital. Rhode Island Hospital Trust Co. v. Otis, CR.I. 1950) 75 A. (2d) 210

INTERNATIONAL LAW-STATUS OF GERMANY-NATIONALITY LAWS-VOTING IN GERMAN ELECTION AS FORFEITURE OF UNITED STATES CITIZENSHIP

Petitioner, an American citizen living in Germany, voted in the January 27, 1946 election of local officials in Rodach, Germany, American Zone of Occupation, held under the direction and with the approval of the Office of Military Government for Bavaria. Petitioner was issued a certificate of loss of nationality, based on section 801(e) of the Nationality Act of 1940, which provides that American nationality is lost through voting in a political election in a foreign state. Held, petitioner had not lost her citizenship. The Rodach election was held in territory then ruled and governed by the United States and was held by permission and under the direction and by the authority of the United States and was not a political election in a foreign state within the meaning of section 801(e). Brehm v. Acheson, Secretary of State, (D.C. Tex. 1950) 90 F. Supp. 662

INTERNATIONAL LAW-ALIENS-CONFISCATION OF ALIEN ENEMY PROPERTY-ALIEN ENEMY CHARACTER OF SHINTO SHRINE IN HAWAII

Plaintiff, a Hawaiian corporation, brought suit under section 9 of the Trading with the Enemy Act for the return of real and personal property vested in 1948 under authority of section S(b). Evidence was introduced to show that plaintiff\u27s members were largely alien Japanese; that, prior to December 7, 1941, plaintiff operated what purported to be a Shinto shrine in Honolulu where three Japanese gods were worshiped; that the shrine looked like a Shinto shrine and was in some respects operated like one. It was further shown that plaintiff\u27s members had no real understanding of the tenets of Shintoism as it existed in Japan; that in Japan Shintoism had been distorted and used as an ideological weapon against Japan\u27s enemies; and that plaintiff had ties of love and affection with the Shintoist organization in Japan. The court found as a fact that plaintiff was not controlled, directly or indirectly, financially or ideologically, by the Japanese government, and that, whatever ties with Japan might have existed before or during the war, MacArthur\u27s order of 1945, providing that Shintoism would no longer be recognized as a state religion, divested the Japanese government of any control over Shintoism anywhere in the world. Held, the plaintiff has proven itself eligible under the Act to have a judicial order directing the Custodian to return to it the vested property ... it will be so ordered .... The evidence disclosed no enemy taint, and the vesting was a violation of the first amendment of the Constitution of the United States. Kotohira Jinsha v. McGrath, (D.C. Hawaii 1950) 90 F. Supp. 892