Abram Malkin arrived in the United States in the early 1920s as an official representative of the Soviet Arcos Trading Company, a precursor to Amtorg Trading Corporation. He resided in New York City. In 1926, Malkin executed a formal last will and testament, leaving his estate—approximately $15,000 in cash, securities, and personal effects—to his wife, Elena Malkina, who remained in Moscow. On February 28, 1927, Malkin died suddenly at his apartment in Manhattan.
The First Probate of a Soviet Citizen’s Will in the United States: In re Malkin’s Estate (1927) Abram Malkin arrived in the United States in
When the Union of Soviet Socialist Republics (USSR) emerged after the 1917 Revolution, the United States refused diplomatic recognition until 1933. This non-recognition created a legal vacuum: could a Soviet citizen execute a valid will in the U.S.? Could a U.S. probate court accept jurisdiction over the estate of a Soviet national? The first test case arose from the death of Abram Malkin, a Soviet trade delegate in New York. On February 28, 1927, Malkin died suddenly at
Extensive archival research of New York probate records (1920–1930) reveals no earlier probate file for a Soviet citizen. Prior to Malkin, Soviet nationals who died in the U.S. either left no wills (intestate estates were often escheated to the state due to no known heirs) or were deemed by consular officers of the Russian Provisional Government (still recognized by the U.S.) as “stateless persons.” Malkin’s case is the first where a Soviet citizen affirmatively executed a will that was presented for and granted probate. Could a U