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іб2 DECEASE OF RUSSIAN SUBJECTS ABROAD. P. v., Сн. vi.
as meaning that the claims of Russian subjects, as well as those of
compatriots of the deceased in Russia, must be decided by the Russian
law courts.
The Convention with Sweden and Norway is to the same effect,
viz., that all claims against the personal estate of the deceased must
be decided by local law courts.
The Conventions with France, Germany, Italy and Spain provide
that if the estate of the deceased does not appear to be sufficient to
satisfy all claims against it, the Consul shall hand over to the local
authorities all documents, valuables and effects belonging to the
estate, while remaining the lawful representative of any Russian
subjects who are interested in such estate. The rights of subjects
of the State in which the succession has been opened to the personal
estate of the deceased must be adjudicated upon by the local law
courts. These rights must be proved and satisfied first, after which
the residue of the estate is given over to the Russian Consul.
The Convention with Sweden and Norway (Art. 7) provides as
follows : " If the property left by a deceased Russian subject does
not suffice to satisfy all claims against the estate, then such property
and all documents relating thereto must be delivered to the local
authorities, who will proceed to realise on the property and divide
the proceeds among the creditors of the estate, or, if in Sweden, pay
them over to a person specially appointed by such local authority
for the purpose."
If, on the expiration of the terms fixed by Art. 5, no objections
or counterclaims have been brought against the estate, the Consulate,
after paying all duties and expenses charged on such estate in
accordance with local law, shall take over all the personal property of the
deceased, sell it, and hand the proceeds to the heirs, giving account
of same only to his own Government (Art. 8).
As regards Sweden and Norway, Art. 8 of the Convention is to
the effect that personal property left by a Russian subject in either
of these States, or by a subject of Sweden or Norway in Russia, and
handed over to the Consular Office of the district, shall not be subject
to any further charges or duties than those paid by natives of the
respective countries.
The Conventions with France, Germany, Italy, Spain and Sweden
and Norway, stipulate that in all cases relating to property left in
one of the contracting countries by a subject of another of the said
countries, the Consuls-General, Consuls and Vice-Consuls shall be
ex–officio the representatives of the heirs, and officially recognised as
their lawful attorneys, without the necessity for a special power.
They are therefore at liberty, either personally or through their
attorneys (who must be persons who are legally entitled to appear
before local authorities), to conduct all affairs relating to the estate,
to protect the interest of the heirs, to take the necessary steps to
prove the titles of the heirs to the estate and to deal with all claims
that may be made against it. Consular Officers cannot, however,
be proceeded against as principals in matters relating to the estates
of deceased persons (Art. 9).
§ 140.
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