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FREE V. BLAND, 369 U. S. 663 (1962)

U.S. Supreme Court

Free v. Bland, 369 U.S. 663 (1962)

Free v. Bland

No. 205

Argued March 21, 1962

Decided May 21, 1962

369 U.S. 663


By virtue of the Supremacy Clause of the Constitution, the Treasury Regulations creating a right of survivorship in United States Savings Bonds registered in co-ownership form preempt any inconsistent provision of the Texas community property law. Pp. 369 U. S. 664-671.

(a) The Treasury Regulations which provide, inter alia, that, when a savings bond is registered in co-ownership form, i.e., payable to one person "or" another, a co-owner who survives the other co-owner "will be recognized as the sole and absolute owner" of the bond, and that "No judicial determination will be recognized which would . . . defeat or impair the rights of survivorship conferred by these regulations," constitute a valid federal law within the meaning and intent of the Supremacy Clause. Pp. 369 U. S. 666-668.

(b) A provision of the Texas community property law which, in effect, prohibits a married couple from taking advantage of the survivorship provisions of these regulations merely because the purchase price of the savings bonds is paid out of community property conflicts with the federal regulations on this subject, and must fall under the Supremacy Clause. Pp. 369 U. S. 667-671.

162 Tex. 72, 344 S.W.2d 435, reversed.

Page 369 U. S. 664

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