Standard Oil Company v. New Jersey/Dissent Douglas

by William O. Douglas

United States Supreme Court

341 U.S. 428

Standard Oil Company  v.  New Jersey

 Argued: March 5, 1951. --- Decided: May 28, 1951

Mr. Justice DOUGLAS, with whom Mr. Justice BLACK concurs, dissenting.

There are several states with possible claims to the escheat of intangibles. The state of incorporation of the obligor; the state where the last known owner was domiciled (see Connecticut Mut. Life Ins. Co. v. Moore, 333 U.S. 541, 68 S.Ct. 682, 92 L.Ed. 863); the state where later on the true residence of the owner was proved to be; the state of his last known domicile; the state where the obligor has its main place of business; in case of insurance or trust property, the state of residence (or domicile) of the beneficiary. There may be still other states with claims of an equal or greater dignity to these. In this case we have heard from only one-the state of incorporation.

I think any of several states, including the state of incorporation, might constitutionally enact a custodial statute under which it undertook to hold the escheated intangibles pending determination by this Court of the claims of competing states. New Jersey has not done that. New Jersey undertakes to appropriate to her exclusive use (after a short statute of limitations has run) this vast amount of wealth. Hence, I dissent.

Notes