Docket No. 2269.
UNITED STATES OF AMERICA
on behalf of
Liberty B. Ware, Executor of the Estate of Eunice Kinch, Deceased,
Claimant,
v.
GERMANY.
BY THE COMMISSION: –
Eunice Kinch, a widow 46 years of age, an American national through marriage in 1909 to a naturalized American citizen, was lost with the Lusitania. Her husband had died in November, 1913. Her only child, a son 20 years of age, who had taken her husband’s name after her marriage, was also lost on the Lusitania (see Docket No. 2264,[a] William H. Chapman, Administrator of the Estate of William Mostoe Kinch, Deceased). The will of the decedent bequeathed to her son the sum of $5,000, which, after litigation has been paid by the executor of the decedent’s estate to the administrator of her son’s estate. The residuary legatees under the will of the decedent, all of whom are American nationals, are members of her husband’s family. Her next of kin were all subjects of Great Britain. The record fails to disclose that any American national dependent upon or who could reasonably have anticipated receiving contributions from decedent in the future survived her or that any American national suffered damages from her death which can be measured by pecuniary standards.
Personal property, including cash, belonging to the decedent of the value of $858 was lost with her.
Applying the rules announced in the Lusitania Opinion, in Administrative Decision No. V, and in the other decisions of this Commission to the facts as disclosed by this record, the Commission decrees that under the Treaty of Berlin of August 25, 1921, and in accordance with its terms the Government of Germany is obligated to pay to the Government of the United States on behalf of Liberty B. War, Executor of the Estate of Eunice Kinch, Deceased, the sum of eight hundred fifty-eight dollars ($858.00) with interest thereon at the rate of five per cent per annum from May 7, 1915.
Done at Washington January 14, 1925.
EDWIN B. PARKER,
Umpire.
CHANDLER P. ANDERSON,
American Commissioner.
W. KIESSELBACH,
German Commissioner.
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[a] Ante, pages 518-519.
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