A U.S. citizen, Mrs. Zander, traveled to Germany in 1939 and married a German citizen during World War II. Despite her marriage and prolonged stay in Germany, Mrs. Zander maintained her allegiance to the United States, avoided aiding the German war effort, and eventually fled to the American Army. After the war, she returned to the U.S. and sought recovery of her seized assets under the Trading With the Enemy Act. The court addressed whether Mrs. Zander was an "enemy" under the Act due to her residence in Germany during the war. Ultimately, it ruled that she was not a resident of Germany in the legal sense, given her consistent loyalty to the U.S. and her intent to return. The court held that she was entitled to recover her assets.
In this case, the court relied on the conclusion of Cheever v. Wilson, 1869: "a wife may acquire a separate domicil whenever it is necessary or proper that she should do so".
While serving with the German Army in Africa, Zander (Mrs. Zander’s husband) was taken prisoner and sent to the United States. There he ingratiated himself with American authorities by assisting in indoctrinating his fellow prisoners with the principles of democracy. Finally in 1947 he was sent to Germany and discharged; whereupon he returned to the United States upon an immigration visa and joined his wife at her home in New Jersey.
McGrath v.
Zander, Court of Appeals for the D.C. Circuit, Date filed: 1949-10-10
