- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /

(1916) Author: Alfons Heyking - Tema: Russia
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to do so three times, inviting the creditors to make their claims against
the estate in the terms prescribed by Art. 5 of the Convention. If
the real or personal estate of a deceased Russian is left to a subject
of the State where the death took place, the will can only be delivered
to the Consular Officer after these legacies have been handed over
to the legatees (Art. 4, §52). On the other hand, if the will and
legacies bequeathed by it to a Swedish subject are in the hands of
the Consul, he must deliver them to the proper Swedish authorities,
or to the persons entrusted to receive them (Art. 4, § 4).

The Convention with Spain also contains a special stipulation,
which is to the following effect (Art. 4, § 3) : " If executors have been
appointed by the deceased and there is no legal objection to their
performing their duties as such, and if it be shown that there are
no heirs under age, or absent, or who have no legal capacity, the
Consular authority withdraws from participation in the further
proceedings, leaving the executors to exercise their rights

Private persons who have in their possession property belonging
to the deceased’s estate at the time of his death, must deliver it to
the local authorities to enable them to hand over all the estate to
the Consul, according to Art. 4 aforesaid. It frequently happens
that hotel managers, proprietors of private hospitals, boarding-house
keepers, and even solicitors, retain the property of deceased Russian
subjects which is in their possession, under the false impression that
they have power to do so in order that they may distribute it amongst
the heirs of the deceased. In such cases the Russian Consul must
apply for help to the local authorities, basing his claim on Art. 4 of
the Convention. The Consul has a particular interest in seeing that
all the estate of the deceased is handed over to him, because he is
responsible to the lawful heirs of the deceased, according to Art. 80
of the Russian Consular Regulations, for all loss or damage occasioned
by his want of due care and diligence. The Consul has also to arrange
for the payment of the legacy duty to the Russian Government. All
private persons taking or retaining anything belonging to the estate
of the deceased must be proceeded against by the Consul before the
local courts. All claims by foreigners against the personal estate
of the deceased must be made to the Consul within six months as
aforesaid from the date of the publication of the last notice of the
opening of the succession or eight months from the date of the death.
The Consul can admit any claim as valid and satisfy the claimant,
or he can dispute it if it seems doubtful, leaving the claimant to seek
a remedy in the local courts. The Consul is bound by the decision
of the court. After the lapse of the said six or eight months no claim
against the estate of the deceased can be entertained either by the
Consul or by the local courts (Art. 8).

Claims of Russian subjects, which do not relate to the right of
succession, must be brought before the law courts in Russia. Russian
legislation in this matter differs, however, from that of the other
contracting States, the Ruling Senate having decided on the 4th
October 1893, No. 1264 in the case of Giudice, that the above
conventions with France, Germany, Italy and Spain were to be interpreted

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