United States v. Burnison - 339 U.S. 87, 70 S. Ct. 503 (1950)

Rule:

Part of the residue of sovereignty retained by the states, a residue insured by U.S. Const. amend. X, is the power to determine the manner of testamentary transfer of a domiciliary's property and the power to determine who may be made beneficiaries.

Facts:

A resident of California left personal and real property to the United States through a testamentary gift. The California Supreme Court declared the testamentary dispositions invalid and distributed the property to the deceased resident's statutory heirs. The United States sought review of the decision, asserting that the California Probate Code violated the Supremacy Clause of the Constitution because it infringed upon the inherent sovereign power of the United States to receive testamentary gifts.

Issue:

Did the California Probate Code violate the Supremacy Clause of the Constitution? 

Answer:

No.

Conclusion:

The Court affirmed the California ruling, holding that part of the residue of sovereignty retained by the states, insured by U.S. Const. amend X, was the power to determine the manner of testamentary transfer of a domiciliary's property. Nothing in the Supremacy Clause prohibited a state from preventing its domiciliary from willing property to the federal government.