The epic decision of the United States Supreme Court in Zschernig v. Miller has raised much controversy regarding Iron Curtain Statutes. As a consequence, probate courts are scrutinizing the legislation of their own states which control the devolution of property to nonresident aliens. The Zschernig decision has jeopardized the constitutionality of all probate statutes. This article will proceed to analyze the probate statutes and decisions, prior and subsequent to Zschernig, with an eye toward showing that the state courts have overreacted to the decision, and in many instances are applying it indiscriminately.
Frederick B. Gieg Jr.,
Iron Curtain Statutes - What Is the Standard of Constitutionality?,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol9/iss2/7