Surrogate James A. Foley issued a landmark decision in In re Malkin’s Estate , 132 Misc. 871 (N.Y. Surr. Ct. 1928). Key holdings:
When Polyansky died in New York, he left behind a valid will and a modest estate. Under standard New York law, his assets should have been distributed to his named heirs. However, because those heirs were located in the newly formed Soviet Union, the case became a diplomatic minefield. Key Legal Challenges Surrogate James A
: Duncan died tragically in Nice, France, on September 14, 1927, when her long silk scarf became entangled in the wheels of an open automobile, fatally breaking her neck . Key holdings: When Polyansky died in New York,
Abram Malkin arrived in the United States in the early 1920s as an official representative of the Soviet Arcos Trading Company, a precursor to Amtorg Trading Corporation. He resided in New York City. In 1926, Malkin executed a formal last will and testament, leaving his estate—approximately $15,000 in cash, securities, and personal effects—to his wife, Elena Malkina, who remained in Moscow. On February 28, 1927, Malkin died suddenly at his apartment in Manhattan. leaving his estate—approximately $15
Courts worried that sending money to Soviet citizens would result in the state seizing the funds.
: A landmark California Supreme Court case that eventually recognized the reciprocal right of inheritance between the U.S. and the USSR .