Markham

Christ Co. -¡ingas died April 5, 1942. By will he left a specific bequest to a local resident of California and the remainder of his estate to five brothers and sisters, residents of the Kingdom of Greece. Constantinos Kallimanis, executor of the will, was the only heir at law in this country, and he filed in the probn.te court a petition for determination of heirship.

The Alien Property Custodian filed with the probate court Vesting Order No. 1649, claiming the property in question had vested in the Alien Property Custodian pursuant to the Trading with the Enemy Act.

The Probate Court on the theory that reciprocal rights of inheritance did not then exist between the Kingdom of Greece and the United States because of German occupation of Greece, decided the gifts to the residents of Greece lapsed by virtue of Sections 259 and 259.1 of the California Probate Code 2 and title to the property vested in Constantinos G. Kallimanis in accordance with the laws of succession of California. This decree was entered July 29, 1943. An appeal was taken and at the same time the Alien Property Custodian made a motion to vacate the judgment. *146 The appeal was later abandoned, and dismissed.…