§ 4197. — Following testamentary directions; assistance to testamentary appointee.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 22USC4197]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER XIV--POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
GENERALLY
Sec. 4197. Following testamentary directions; assistance to
testamentary appointee
When a citizen of the United States dies in a foreign country and
leaves, by any lawful testamentary disposition, special directions for
the custody and management, by the consular officer, or in his absence a
diplomatic officer, within whose jurisdiction the death occurred, of the
personal property in the foreign country which he possessed at the time
of death, such officer shall, so far as the laws of the foreign country
permit, strictly observe such directions if not contrary to the laws of
the United States. If such citizen has named, by any lawful testamentary
disposition, any other person than a consular officer or diplomatic
officer to take charge of and manage such property, it shall be the duty
of the officer, whenever required by the person so named, to give his
official aid in whatever way may be practicable to facilitate the
proceedings of such person in the lawful execution of his trust, and, so
far as the laws of the country or treaty provisions permit, to protect
the property of the deceased from any interference by the authorities of
the country where such citizen died. To this end it shall be the duty of
the consular officer, or if no consular officer is present a diplomatic
officer, to safeguard the decedent's property by placing thereon his
official seal and to break and remove such seal only upon the request of
the person designated by the deceased to take charge of and manage his
property.
(R.S. Sec. 1711; July 12, 1940, ch. 618, 54 Stat. 760.)
Codification
R.S. Sec. 1711 derived from act Aug. 18, 1856, ch. 127, Sec. 28, 11
Stat. 63.
Section was not enacted as part of the Foreign Service Act of 1980
which comprises this chapter.
Section was formerly classified to section 1177 of this title, and
prior thereto to section 77 of this title.
Amendments
1940--Act July 12, 1940, amended section generally.
Section Referred to in Other Sections
This section is referred to in section 4191 of this title.
