State law must yield under the Supremacy Clause if it interferes with or is contrary to valid federal law.
A widower and his son-in-law disputed ownership of United States Savings Bonds purchased with community property. The Treasury Regulations provided that the survivor of a co-owner would be recognized as the sole and absolute owner of such bonds. The state court applied community property laws to require the survivor to reimburse the decedent's estate, effectively frustrating the federal survivorship provision. The Supreme Court holds that any state law, however clearly within a state's acknowledged power, which interferes with or is contrary to valid federal law must yield. Because the federal regulations confer a right of survivorship, the state law must yield under the Supremacy Clause.
At page 666 Federal law supremacy over conflicting state law98 citing cases“any state law, however clearly within a state's acknowledged power, which interferes with or is contrary to federal law, must yield.”
- Esther J. Swain v. Berry M. Dobbs & United Servs. Auto. Ass'n, 692 S.W.3d 720 (Tex. App.—Corpus Christi–Edinburg 2023).published([A]ny state law, however clearly within a State’s acknowledged power, which interferes with or is contrary to federal law, must yield.)
- Garcia v. Morath, 624 F. Supp. 3d 690 (W.D. Tex. 2022).published(Under the doctrine of federal preemption, a federal law supersedes or supplants an inconsistent state law or regulation.)
- Ramona Rogers, M.D., Modesto Zamorano, Stephanie Cumpian, Rolando Flores, Hector Ontiveros, Priscilla Nieto, Sonia Hernandez-Keeble, Blas Ortiz, Jr., David Moron, M.D., Jaime Flores & Rio Grande State Ctr. v. David Saxon Bagley, Individually & as Rep. of the Est. of Jeremiah Ray Bagley, 623 S.W.3d 343 (Tex. 2021).published ([A]ny state law, however clearly within a State’s acknowledged power, which interferes with or is contrary to federal law, must yield.)
- Andrews v. Norfolk S. R.R. Corp., 2017 IL App (1st) 153007, 77 N.E.3d 1028.published(any state law, however clearly within a State's acknowledged power, which interferes with or is contrary to federal law, must yield.)
- Gov't of the United States Virgin Islands v. Takata Corp., 67 V.I. 316 (2017).published ([A]ny state law, however clearly within a State’s acknowledged power, which interferes with or is contrary to federal law, must yield)
- Alleyne v. Diageo USVI, Inc., 63 V.I. 384 (2015).published ([A]ny state law, however clearly within a State’s acknowledged power, which interferes with or is contrary to federal law, must yield.)
- Denson v. United States, 574 F.3d 1318 (11th Cir. 2009).published (The relative importance to the State of its own law is not material when there is a conflict with a valid federal law, for the Framers of our Constitution provided that the federal law must prevail.)
- State ex rel. Yost v. Cent. Tobacco & Stuff, Inc., 2025-Ohio-4613.publishedAss'n., 505 U.S. 88, 108 (1992) citing Felder v. Casey, 487 U.S. 131, 138 (1988) quoting Free v. Bland, 369 U.S. 663, 666 (1962). {¶27} Federal preemption can be “either express or implied.” Gade, at 98. {¶28} Express preemption occurs whe…
- Guimares v. Metal Transp. LLC, No. 3:24-cv-01232 (M.D. Pa. July 10, 2025).The Supremacy Clause “invalidates state | law that ‘interferes with or is contrary to federal law.’ ” Farina v. Nokia Inc., 625 F.3d 97, 115 (3d Cir. 2010) (quoting Free v. Bland, 369 U.S. 663, 666 (1962) (further citation omitted).
- Simijanovic v. Koninklijke Luchtvaart Maatschappij N.V., No. 2:23-cv-12882 (E.D. Mich. Dec. 10, 2024).Free v. Bland, 369 U.S. 663, 666 (1962) (citing Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 , 210-11 (1824)).
Show 82 more citing cases
- Zajac v. United Airlines Inc., No. 8:23-cv-03145 (D. Md. Aug. 13, 2024).Under the Supremacy Clause, any state law that “interferes with or is contrary to federal law is invalid.” Pinney v. Nokia, Inc., 402 F.3d 430, 453 (4th Cir. 2005) (quoting Free v. Bland, 369 U.S. 663, 666 (1962)).
- Pub. Interest Legal Found., Inc. v. Bellows, 92 F.4th 36 (1st Cir. 2024).published“any state law, however clearly within a State's acknowledged power, which interferes with or is contrary to federal law, must yield”
- Transource Pennsylvania, LLC v. DeFrank, 705 F. Supp. 3d 266 (M.D. Pa. 2023).publishedId. (citing Free v. Bland, 369 U.S. 663, 666 (1962)).
- Kilnapp v. City of Cleveland, No. 1:22-cv-01225 (N.D. Ohio Dec. 9, 2022).Moreover, “any state law, however clearly within a State's acknowledged power, which interferes with or is contrary to federal law, must yield.” Felder v. Casey, 487 U.S. 131, 138 (1988), quoting Free v. Bland, 369 U.S. 663, 666 (1962).
- Est. of Michael Tarasevich v. Fed. Ret. Thrift Inv. Bd., No. 1:21-cv-00295 (D.R.I. Nov. 4, 2022).The Supreme Court went on the say that the “relative importance to the State of its own law is not material when there is a conflict with a valid federal law, for the Framers of our Constitution provided that the federal 4. law must prevai…
- Nephew Mini Mkt., LLC. v. United States, No. 1:21-cv-02318 (D. Md. Aug. 18, 2022).Further, the Fourth Circuit explained that, to the extent that Virginia law permitted a longer limitations period to file suit, the limitations period set forth in § 2023(a)(13) “must prevail, under the Supremacy Clause . . . .” Id. (citin…
- Portillo v. Nat'l Freight, Inc., 606 F. Supp. 3d 72 (D.N.J. 2022).publishedVI, cl. 2, invalidates state law that ‘interferes with or is contrary to federal law.’” Farina v. Nokia Inc., 625 F.3d 97, 115 (3d Cir. 2010) (quoting Free v. Bland, 369 U.S. 663, 666 (1962)).
- Altimari v. Bucks Cnty. R.R. Pres. & Restoration Corp. d/b/a New Hope & Ivyland R.R., No. 2:21-cv-02451 (E.D. Pa. May 31, 2022).State law “which interferes with or is contrary to federal law, must yield.” Free v. Bland, 369 U.S. 663, 667 (1962).
- Berman v. Pennsylvania Higher Educ. Assistance Agency, No. 1:21-cv-00063 (M.D.N.C. Mar. 14, 2022).“interferes with, or is contrary to federal law”
- Vincent Hager v. M & K Constr. (084045) (Statewide), 247 A.3d 864 (N.J. 2021).published “When there is a conflict, ‘the federal law must prevail.’” Feldman, 125 N.J. at 135 (quoting Free v. Bland, 369 U.S. 663, 666 (1962)).
- Brumfield v. Medtronic, Inc., No. 3:20-cv-00522 (S.D. W. Va. Mar. 11, 2021).The Supremacy Clause invalidates or preempts any “state law that ‘interferes with, or is contrary to’ federal law.” Pinney v. Nokia, Inc., 402 F.3d 430, 453 (4th Cir. 2005) (quoting Free v. Bland, 369 U.S. 663, 666 (1962)).
- Aldridge v. MS Dept of Corr., 990 F.3d 868 (5th Cir. 2021).publishedUnder field and conflict preemption, which are both forms of implied preemption, “a state claim is preempted where [1] ‘Congressional intent to preempt is inferred from the existence of a pervasive regulatory scheme or . . . [2] ‘state law…
- Lara v. Puff Bar, No. 2:20-cv-08030 (D.N.J. Feb. 16, 2021).unpublishedVI, cl. 2, “invalidates state law that ‘interferes with or is contrary to federal law.’” Pennsylvania v. Navient Corp., 967 F.3d 273, 287 (3d Cir. 2020) (quoting Free v. Bland, 369 U.S. 663, 666 (1962)).
- Morel Then v. Great Arrow Builders, LLC, 513 F. Supp. 3d 633 (W.D. Pa. 2021).publishedChesterton, Inc., 620 F.3d 392, 395 (3d Cir. 2010) (quoting Free v. Bland, 369 U.S. 663, 666 (1962)).
- Traction Tire, LLC v. Bok Logistics, Inc., No. 2:19-cv-05150 (E.D. Pa. Oct. 13, 2020).State law “which interferes with or is contrary to federal law, must yield.” Free v. Bland, 369 U.S. 663, 667 (1962).
- Commonwealth of Pennsylvania v. Navient Corp, 967 F.3d 273 (3d Cir. 2020).published“interferes with or is contrary to federal law[.]”
- Alejandro Lupian v. Joseph Cory Holdings LLC, 905 F.3d 127 (3d Cir. 2018).published“which interferes with or is contrary to federal law, must yield”
- Theodore Hayes v. Philip Harvey, 903 F.3d 32 (3d Cir. 2018).publishedWe need not examine the validity of this argument, because even if Harvey is correct as a matter of state law, “[t]he Supremacy Clause preempts any state law that ‘interferes with or is contrary to federal law.’” Zahner v. Pa. Dep’t of Hum…
- State of Iowa v. Martha Aracely Martinez, 896 N.W.2d 737 (Iowa 2017).published “any state law, however clearly within a State’s acknowledged power, which interferes with or is contrary to federal law, must yield”
- Zahner Ex Rel. Zahner v. Sec'y Pennsylvania Dep't of Human Servs., 802 F.3d 497 (3d Cir. 2015).publishedIn re Federal- Mogul Global, 684 F.3d 355 , 364 n.16 (3d Cir. 2012) (citation omitted). 25 with or is contrary to federal law[.]” Free v. Bland, 369 U.S. 663, 666 (1962) (citations omitted).
- NCR Corp. v. WTM I Co., No. 13-2631 (7th Cir. Sept. 25, 2014).published“interferes with or is contrary to federal law”
- Wellington Homes, Inc. v. West Dundee China Palace Restaurant, Inc., 2013 IL App (2d) 120740, 984 N.E.2d 554.publishedThis is because “ ‘any state law, however clearly within a State’s acknowledged power, which interferes with or is contrary to federal law, must yield.’ ” Felder v. Casey, 487 U.S. 131, 138 (1988) (quoting Free v. Bland, 369 U.S. 663, 666…
- the Kansas City S. Ry. Co. v. Ronald K. Oney, Individually & as Rep. of the Est. of Daniel D. Oney, 380 S.W.3d 795 (Tex. App.—Houston [14th Dist.] 2012).publishedFree v. Bland, 369 U.S. 663, 666 (1962).
- Treasurer State NJ v. US Dept Treas, No. 10-1963 (3d Cir. June 27, 2012).published “to borrow money on the credit of the United States”
- Untitled Texas Attorney Gen. Opinion, No. GA-0732 (Tex. Att'y Gen. July 2, 2009).publishedAss 'n, 505 U.S. 88, 108 (1992) (quoting Free v. Bland, 369 U.S. 663, 666 (1962)).
- Shaw v. Leatherberry, 2005 WI 163, 706 N.W.2d 299.publishedThe Felder court noted that under the Supremacy Clause, " 'the relative importance to the State of its own law is not material when there is a conflict with a valid federal law,' for 'any state law, however clearly within a State's acknowl…
- Woodward v. State, 23 A.D.3d 852 (N.Y. App. Div. 3d Dep't 2005).publishedCorrection Law § 24 interferes with enforcement of the federal Civil Rights Act (see 42 USC § 1983 ). * Under the doctrine of preemption, which gives force to the Supremacy Clause (see US Const, art VI, § 2), any state law which interferes…
- Rudgayzer & Gratt v. Cape Canaveral Tour & Travel, Inc., 22 A.D.3d 148 (N.Y. App. Div. 2d Dep't 2005).publishedUnder the Supremacy Clause of the Federal Constitution, ‘[t]he relative importance to the State of its own law is not material when there is a conflict with a valid federal law,’ for ‘any state law, however clearly within a State’s acknowl…
- Pinney v. Nokia, Inc., 402 F.3d 430 (4th Cir. 2005).publishedFree v. Bland, 369 U.S. 663, 666 (1962).
- Perez. v. Campbell, 402 U.S. 637 (1971).published
- Fid. Fed. Sav. & Loan Ass'n v. De La Cuesta, 458 U.S. 141 (1982).published
- Brown v. Hotel & Restaurant Employees & Bartenders Int'l Union Local 54, 468 U.S. 491 (1984).published
- Felder v. Casey, 487 U.S. 131 (1988).published
- Gregory v. Ashcroft, 501 U.S. 452 (1991).published
- Gade v. Nat'l Solid Wastes Mgmt. Assn., 505 U.S. 88 (1992).published
- Leaman H. Caswell v. Judith N. Lang, in Re Leaman H. Caswell, Debtor, 757 F.2d 608 (4th Cir. 1985).published
- Massachusetts Med. Soc'y v. Michael S. Dukakis, 815 F.2d 790 (1st Cir. 1987).published
- Emma Taylor v. Gen. Motors Corp., 875 F.2d 816 (11th Cir. 1989).published
- East Mississippi State Hosp. v. Jimmy B. Callens, No. 2000-CT-00258-SCT (Miss. Oct. 26, 1999).published
- People v. Conklin, 522 P.2d 1049 (Cal. 1974).published
- Amer. Civil Liberties Union v. Cnty. of Hudson, 799 A.2d 629 (N.J. Super. Ct. App. Div. 2002).published
- Arena v. Arena, 822 S.W.2d 645 (Tex. App.—Fort Worth 1992).published
- Thompson v. Vill. of Hales Corners, 340 N.W.2d 704 (Wis. 1983).published
- Allard v. Frech, 754 S.W.2d 111 (Tex. 1988).published
- Allison v. Allison, 690 S.W.2d 340 (Tex. App.—Fort Worth 1985).published
- Thorp v. Town of Lebanon, 2000 WI 60, 612 N.W.2d 59.published
- In Re Rhoten, 31 B.R. 572 (M.D. Tenn. 1983).published
- Hous. Auth. & Urban Redevelopment Agency v. Taylor, 796 A.2d 193 (N.J. 2002).published
- In Re Marriage of Kelley, 64 Cal. App. 3d 82 (Cal. Ct. App. 1976).published
- Stance v. Jackson, 155 Cal. App. 3d 838 (Cal. Ct. App. 1984).published
- Emerson v. J. F. Shea Co., 76 Cal. App. 3d 579 (Cal. Ct. App. 1978).published
- In Re Estevez, 165 Cal. App. 4th 1445 (Cal. Ct. App. 2008).published
- Feldman v. Lederle Labs., 592 A.2d 1176 (N.J. 1991).published
- Vick v. Pioneer Oil Co., W. Div., 569 S.W.2d 631 (Tex. Civ. App.—Amarillo 1978).published
- Tarango v. State Indus. Ins. Sys., 25 P.3d 175 (Nev. 2001).published
- Screen Extras Guild, Inc. v. Superior Court, 800 P.2d 873 (Cal. 1990).published
- Cruz v. PacifiCare Health Sys., Inc., 66 P.3d 1157 (Cal. 2003).published
- Marilyn Kay Scnear v. Roger Dean Scnear, No. 03-91-00417-CV (Tex. App.—Austin Feb. 17, 1993).unpublished
- Wayside Church v. Van Buren Cnty., 847 F.3d 812 (6th Cir. 2017).published
- Wayside Church v. Van Buren Cty., No. 15-2525 (6th Cir. Feb. 10, 2017).published
- Andrews v. Norfolk S. R.R. Corp., 2017 IL App (1st) 153007.published
- Sea Castle Apts., Ltd. v. Santa Monica Rent Control Bd., 228 Cal. App. 3d 1540 (Cal. Ct. App. 1991).published
- Reinisch v. Metro. Life Ins., 97 A.D.2d 135 (N.Y. App. Div. 1st Dep't 1983).published
- J.A. Croson Co. v. J.A. Guy, Inc., 81 Ohio St. 3d 346 (1998).published
- Ouellette v. Mills, 22 F. Supp. 3d 36 (D. Me. 2014).published
- Am. Civil Liberties Union of New Jersey, Inc. v. Cnty. of Hudson, 799 A.2d 629 (N.J. Super. Ct. App. Div. 2002).published
- J.A. Croson Co. v. J.A. Guy, Inc., 81 Ohio St. 3d 346 (1998).published
- Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (1984).published
- Kurns v. A.W. Chesterton Inc., 620 F.3d 392 (3d Cir. 2010).published
- United States v. King, 431 F. App'x 630 (10th Cir. 2011).unpublished
- United States v. Certain Real Prop. Located at 2525 Leroy Lane, West Bloomfield, Michigan, & Leah Liza Marks, 910 F.2d 343 (6th Cir. 1990).published
- Illinois Cent. Gulf RR Co. v. Price, 539 So. 2d 202 (Ala. 1988).published
- Gilliard v. Kirk, 633 F. Supp. 1529 (W.D.N.C. 1986).published
- Carlisle v. Philip Morris, Inc., 805 S.W.2d 498 (Tex. App.—Austin 1991).published
- Oxygenated Fuels Ass'n, Inc. v. Pataki, 158 F. Supp. 2d 248 (N.D.N.Y. 2001).published
- Gutierrez v. Gulf Coast Builders & Supply Co., 739 S.W.2d 371 (Tex. App.—Corpus Christi 1987).published
- Iwata v. Intel Corp., 349 F. Supp. 2d 135 (D. Mass. 2004).published
- Rockwood v. City of Burlington, VT., 21 F. Supp. 2d 411 (D. Vt. 1998).published
- Weldon J. Carlisle v. Philip Morris, Inc., No. 03-89-00175-CV (Tex. App.—Austin Feb. 6, 1991).published
- Estes v. U.S. Dep't of the Treasury, 219 F. Supp. 3d 17 (D.D.C. 2016).published
- McInnish v. Bennett, 150 So. 3d 1045 (Ala. 2014).published
- Thacker v. Walton, 491 P.3d 756 (Okla. Civ. App. 2020).published
At page 670 Federal law preemption and fraud exceptions to property rights9 citing cases“we hold, therefore, that the state law which prohibits a married couple from taking advantage of the survivorship provisions of united states savings bonds merely because the purchase price is paid out of community property must fall under the supremacy clause.”
- Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).published(holding that federal law preempted application of Texas community property law in state probate proceedings)
- Chazz Alden Hughes v. R Allen Hughes, No. E2016-00561-COA-R3-CV (Tenn. Ct. App. Jan. 5, 2017).publishedAs a result of his misrepresentations and fraudulent conduct, Brother has been unjustly enriched at the expense of the Children In Free v. Bland, 369 U.S. 663, 670 (1962), the Supreme Court recognized a possible fraud exception in cases in…
- McNabb v. United States Dep't of the Army, 623 F. App'x 870 (9th Cir. 2015).unpublishedYiatchos involved a fraud “‘on the part of a husband while acting in his capacity as manager of the general community property.’” Id. at 307 (quoting Free v. Bland, 369 U.S. 663, 670 (1962)).
- Ridgway v. Ridgway, 454 U.S. 46 (1981).published
- Jackson Est., 50 Pa. D. & C.3d 495 (1987).published
- Succession of Harrell, 622 So. 2d 253 (La. Ct. App. 1993).published
- Succession of Guerre, 197 So. 2d 738 (La. Ct. App. 1967).published
- Laturner v. United States, 933 F.3d 1354 (Fed. Cir. 2019).published
- In the Matter of the Est. of Michael D. Jones, 328 A.3d 923 (N.J. 2025).published
At page 669 State interference with federal bond survivorship provisions8 citing cases“intruding upon the rights and the duties of the united states.”
- the Est. of Leah Rita Tillotson, No. 05-19-01192-CV (Tex. App.—Dallas Dec. 30, 2020).published Id. at 664-65.
- In Re Marriage of Kelley, 64 Cal. App. 3d 82 (Cal. Ct. App. 1976).published
- McCarty v. McCarty, 453 U.S. 210 (1981).published
- Ridgway v. Ridgway, 454 U.S. 46 (1981).published
- In the Matter of Marriage of Smith, 652 P.2d 391 (Wash. Ct. App. 1982).published
- Ramsey v. Ramsey, 535 P.2d 53 (Idaho 1975).published
- Petters v. Petters, 560 So. 2d 722 (Miss. 1990).published
- Est. of Fletcher v. Comm'r, 94 T.C. 49 (Tax Ct. 1990).published
At page 668 Establishing federal right of survivorship over state law5 citing casestained that the purpose of these regulations is to establish the right of survivorship regardless of local state law, 7 and a majority of the States which have…
- Arkansas Elec. Coop. Corp. v. Arkansas Pub. Serv. Comm'n, 461 U.S. 375 (1983).published
- Clarence W. Franklin v. Off. of Pers. Mgmt., 824 F.2d 979 (Fed. Cir. 1987).unpublished
- In Re Marriage of Jones, 531 P.2d 420 (Cal. 1975).published
- In Re Marriage of Worth, 195 Cal. App. 3d 768 (Cal. Ct. App. 1987).published
- González Iturregui v. González Olazábal, 132 P.R. Dec. 1033 (1993).published
At page 664 Determining preemption of state law by federal regulations4 citing cases“Treasury Regulations creating a right of survivorship in United States Savings Bonds pre-empt[ed] any inconsistent Texas community property law by virtue of the Supremacy A-2944-21 17 Clause, Article VI, Clause 2, of the Constitution”
- In the Matter of the Est. of Michael D. Jones, 305 A.3d 525 (N.J. Super. Ct. App. Div. 2023).published“Treasury Regulations creating a right of survivorship in United States Savings Bonds pre-empt[ed] any inconsistent Texas community property law by virtue of the Supremacy A-2944-21 17 Clause, Article VI, Clause 2, of th…”
- the Est. of Leah Rita Tillotson, No. 05-19-01192-CV (Tex. App.—Dallas Dec. 30, 2020).published Id. at 664-65.
- In the Interest of Knott, 118 S.W.3d 899 (Tex. App.—Texarkana 2003).publishedFree v. Bland , 369 U.S. 663, 664 (1962).
- in the Interest of Jessica Brooks Knott, a Minor Child, No. 06-02-00148-CV (Tex. App.—Texarkana Sept. 11, 2003).published
At page 667 “which interferes with or is contrary to federal law, must yield”2 citing cases
- Altimari v. Bucks Cnty. R.R. Pres. & Restoration Corp. d/b/a New Hope & Ivyland R.R., No. 2:21-cv-02451 (E.D. Pa. May 31, 2022).“which interferes with or is contrary to federal law, must yield”
- Traction Tire, LLC v. Bok Logistics, Inc., No. 2:19-cv-05150 (E.D. Pa. Oct. 13, 2020).“which interferes with or is contrary to federal law, must yield”
v.
Bland
delivered the opinion of the Court.
We are called upon to determine whether the Treasury-Regulations creating a right of survivorship in United States Savings Bonds pre-empt any inconsistent Texas community property law by virtue of the Supremacy Clause, Article VI, Clause 2, of the Constitution.
The petitioner is the widower of Mrs. Mary Ida Free, and the respondent is her son by a previous marriage. Mr. and Mrs. Free were domiciled in Texas. That State follows the community property system; except in certain instances not here material, all property acquired by either spouse during marriage belongs to the community of the husband and wife. [1] Property purchased with community property retains a community character. See Love v. Robertson, 7 Tex. 6. Although each spouse owns an undivided one-half interest in the community property, the husband is the sole authorized manager. [2] During the years 1941 to 1945, petitioner Free, using community property, purchased several United States Savings Bonds, series “E” and “F.” The bonds were all issued to “Mr. or Mrs.” Free. Under the Treasury Regulations promulgated under 31 U. S. C. § 757c (a) which govern bonds issued in that form, when either co-owner[*665] dies, “the survivor will be recognized as the sole and absolute owner.” 31 CFR § 315.61. After Mrs. Free passed away in 1958, this controversy arose between the husband, who claimed exclusive ownership by operation of the Treasury Regulations, and the son, who, as the principal beneficiary under his mother’s will, claimed an interest in the bonds by virtue of the state community property laws. Respondent son demanded either one-half of the bonds or reimbursement for the loss of Mrs. Free’s community half interest in the bonds which was converted into petitioner’s separate property by operation of the federal regulations.
In order to resolve the controversy, petitioner Free filed suit in the District Court of Upshur County, Texas, against the respondent individually and as the executor of Mrs. Free’s estate. ' Respondent Bland filed a counterclaim. On the petitioner’s motion for summary judgment, the trial court awarded full title to the bonds to the petitioner by virtue of the federal regulations but awarded reimbursement to the respondent by virtue of the state community property laws, making the bonds security for payment. The petitioner appealed to the Court of Civil Appeals. That court affirmed the trial court’s award of full title to the petitioner but reversed the award of reimbursement to the respondent, [3] relying upon Smith v. Ricks, 159 Tex. 280, 318 S. W. 2d 439, in which unconditional effect was given to the sur-vivorship provisions of the federal regulations governing savings bonds.
While respondent’s writ of error was pending in the Supreme Court of Texas, that court overruled the Ricks case in Hilley v. Hilley, 161 Tex. 569, 342 S. W. 2d 565. After holding that married couples in Texas would not be permitted to agree to any survivorship provision with[*666] regard to community property, the court dismissed the argument that the Supremacy Clause would compel recognition of the survivorship provisions in United States Savings Bonds with:
“It is clear that the Federal regulations do not override our local laws in matters of purely private ownership where the interests of the United States are not involved. Bank of America National Trust & Savings Ass’n v. Parnell, 352 U. S. 29.” 161 Tex., at 577, 342 S. W. 2d, at 570.
Subsequently, respondent Bland’s writ of error was granted, and the Supreme Court of Texas, acting under the authority of the Hilley case, reversed the Court of Civil Appeals and reinstated the judgment of the trial court in a per curiam opinion. Bland v. Free, 162 Tex. 72, 344 S. W. 2d 435. We granted certiorari. 368 U. S. 811.
The Supreme Court of Texas’ interpretation of the Supremacy Clause is not in accord with controlling doctrine. The relative importance to the State of its own law is not material when there is a conflict with a valid federal law, for the Framers of our Constitution provided that the federal law must prevail. Article VI, Clause 2. This principle was made clear by Chief Justice Marshall when he stated for the Court that any state law, however clearly within a State’s acknowledged power, which interferes with or is contrary to federal law, must yield. Gibbons v. Ogden, 9 Wheat. 1, 210-211. See Franklin National Bank v. New York, 347 U. S. 373; Wissner v. Wissner, 338 U. S. 655; Sola Electric Co. v. Jefferson Electric Co., 317 U. S. 173. Thus our inquiry is directed toward whether there is a valid federal law, and if so, whether there is a conflict with state law.
Article I, Section 8, Clause 2 of the Constitution delegates to the Federal Government the power “[t]o borrow[*667] money on the credit of the United States.” Pursuant to this grant of power, the Congress authorized the Secretary of the Treasury, with the approval of the President, to issue savings bonds in such form and under such conditions as he may from time to time prescribe, subject to certain limitations not here material. 31 U. S. C. § 757c (a). [4] Cf. United States v. Sacks, 257 U. S. 37. Exercising that authority, the Secretary of the Treasury issued savings bonds under regulations which provided, inter alia, that the co-owner of a savings bond issued in the “or” form who survives the other co-owner “will be recognized as the sole and absolute owner” of the bond, 31 CFR § 315.61, [5] and that “[n]o judicial determination will be recognized which would . . . defeat or impair the rights of survivorship conferred by these regulations,” 31 CFR § 315.20. [6] The Treasury has consistently main[*668] tained that the purpose of these regulations is to establish the right of survivorship regardless of local state law, [7] and a majority of the States which have considered the problem have recognized this right. [8] The respondent, however, contends that the purpose of the regulations is simply to provide a convenient method of payment. [9] This argument depends primarily on the distinction between stating that the surviving co-owner will “be recognized as” the sole owner and stating that the surviving co-owner will “be” the sole owner. This distinction is insubstantial. The clear purpose of the regulations is to confer the right of survivorship on the surviving co-owner. Thus, the survivorship provision is a federal law [10] which must prevail if it conflicts with state law. See Wissner v. Wissner, 338 U. S. 655.
[*669] The success of the management of the national debt depends to a significant measure upon the success of the sales of the savings bonds. The Treasury is authorized to make the bonds attractive to savers and investors. [11] One of the inducements selected by the Treasury is the survivorship provision, a convenient method of avoiding complicated probate proceedings. Notwithstanding this provision, the State awarded full title to the co-owner but required him to account for half of the value of the bonds to the decedent’s estate. Viewed realistically, the State has rendered the award of title meaningless. Making the bonds security for the payment confirms the accuracy of this view. If the State can frustrate the parties’ attempt to use the bonds’ survivorship provision through the simple expedient of requiring the survivor to reimburse the estate of the deceased co-owner as a matter of law, the State has interfered directly with a legitimate exercise of the power of the Federal Government to borrow money.
Bank of America Trust & Savings Assn. v. Parnell, 352 U. S. 29, relied upon by the court below, does not support the result reached. The Court in that case held that, in the absence of any federal law, the application of state law to determine the liability of a converter of Federal Home Owners’ Loan Corporation bonds was permissible, because the litigation between the two private parties there did not intrude upon the rights and the duties of the United States, the effect on the only possible interest of the United States — the floating of securities — being too speculative to justify the application of a federal rule. That doctrine clearly does not apply when the State fails to give effect to a term or condition under which a federal bond is issued, as the Court there noted. “Federal law of course governs the interpretation of the nature of the[*670] rights and obligations created by the Government bonds themselves.” 352 U. S., at 34.
We hold, therefore, that the state law which prohibits a married couple from taking advantage of the survivor-ship provisions of United States Savings Bonds merely because the purchase price is paid out of community property must fall under the Supremacy Clause.
Our holding is supported by Wissner v. Wissner, 338 U. S. 655. There the Congress made clear its intent to allow a serviceman to select the beneficiary of his own government life insurance policy regardless of state law, even when it was likely that the husband intended to deprive his wife of a right to share in his life insurance proceeds, a right guaranteed by state law. But the regulations governing savings bonds do not go that far. While affording purchasers of bonds the opportunity to choose a survivorship provision which must be recognized by the States, the regulations neither insulate the purchasers from all claims regarding ownership nor immunize the bonds from execution in satisfaction of a judgment. [12] The Solicitor General, appearing as amicus curiae, acknowledges that there is an exception implicit in the savings bond regulations, including the survivor-ship provision, so that federal bonds will not be a “sanctuary for a wrongdoer’s gains.” [13] With this, we agree. The regulations are not intended to be a shield for fraud, and relief would be available in a case where the circumstances manifest fraud or a breach of trust tantamount thereto on the part of a husband while acting in his capacity as manager of the general community property. However, the doctrine of fraud applicable under federal[*671] law [14] in such a case must be determined on another day, for this issue is not presently here. On the record before us, no issue of fraud was or could properly have been decided by the court below on summary judgment. There was no direct allegation of fraud in the counterclaim. Other allegations which in some circumstances might have a bearing on the subject were controverted and therefore can only be resolved by a trial on the merits. Accordingly, the judgment is reversed and the case is remanded for proceedings not inconsistent with this opinion.
Reversed and remanded.
Mr. Justice Frankfurter took no part in the decision of this case. Mr. Justice White took no part in the consideration or decision of this case.Vernon's Tex. Civ. Stat., Art. 4619. See Tex. Const., Art. XVI, § 16; Vernon’s Tex. Civ. Stat., Arts. 4613-4627. Property acquired by gift, devise or descent is separate property. Vernon’s Tex. Civ. Stat., Arts. 4613-4614. Also, community property partitioned in the manner provided in Vernon’s Tex. Civ. Stat., Art. 4624a, becomes separate property. See generally Huie, Commentary on the Community Property Laws of Texas, 13 Vernon’s Tex. Civ. Stat. 1.
Vernon’s Tex. Civ. Stat., Art. 4619. See Huie, supra, note 1, at 39. The wife may have managerial power over the “special” community comprised of her income and the income from her separate property. See Bearden v. Knight, 149 Tex. 108, 228 S. W. 2d 837. Blevins, Recent Statutory Changes in the Wife’s Managerial Powers, 38 Tex. L. Rev. 55.
337 S. W. 2d 805 (Tex. Civ. App.).
“The Secretary of the Treasury, with the approval of the President, is authorized to issue, from time to time, through the Postal Service or otherwise, United States savings bonds and United States Treasury savings certificates, the proceeds of which shall be available to meet any public expenditures authorized by law, and to retire any outstanding obligations of the United States bearing interest or issued on a discount basis. The various issues and series of the savings bonds and the savings certificates shall be in such forms, shall be offered in such amounts, subject to the limitation imposed by section 757b of this title, and shall be issued in such manner and subject to such terms and conditions consistent with subsections (b)-(d) of this section, and including any restrictions on their transfer, as the Secretary of the Treasury may from time to time prescribe.”
“If either coowner dies without the bond having been presented and surrendered for payment or authorized reissue, the survivor will be recognized as the sole and absolute owner. Thereafter, payment or reissue will be made as though the bond were registered in the name of the survivor alone . . . .”
“No judicial determination will be recognized which would give effect to an attempted voluntary transfer inter vivos of a bond or would defeat or impair the rights of survivorship conferred by these[*668] regulations upon a surviving coowner or beneficiary, and all other provisions of this subpart are subject to this restriction. Otherwise, a claim against an owner or coowner of a savings bond and conflicting claims as to ownership of, or interest in, such bond as between coowners or between the registered owner and beneficiary will be recognized, when established by valid judicial proceedings, upon presentation and surrender of the bond, but only as specifically provided in this subpart.”
See, e. g., Statement of Treasury Department on Rights of Surviving Coowners and Beneficiaries of Savings Bonds, dated July 5, 1945, and fifth revision, dated October 1, 1958; Letter from the Acting Assistant General Counsel of the Treasury to the Attorney General of Missouri, June 9, 1941; Treasury Department Circular No. 530, 1935.
See, e. g., Lee v. Anderson, 70 Ariz. 208, 218 P. 2d 732; Stephens v. First National Bank of Nevada, 65 Nev. 352, 196 P. 2d 756.
See, e. g., Decker v. Fowler, 199 Wash. 549, 92 P. 2d 254. In this case the Government participated as amicus curiae in support of an application for rehearing, urging that the court had erroneously construed the regulations.
Leslie Miller, Inc., v. Arkansas, 352 U. S. 187; Standard Oil Co. v. Johnson, 316 U. S. 481; United States v. Sacks, 257 U. S. 37; United States v. Birdsall, 233 U. S. 223.
31 U. S. C. § 757c (a). See note 4, supra.
31 CFR §§ 315.20-315.23. See note 6, supra.
Brief for the United States as amicus curiae, p. 21. See also id., pp. 26-28.
See, e. g., Holmberg v. Armbrecht, 327 U. S. 392; Clearfield Trust Co. v. United States, 318 U. S. 363.