Docket No. 274.
UNITED STATES OF AMERICA
on behalf of
Levi B. Griesemer,
Claimant,
v.
GERMANY.
Docket No. 481.
UNITED STATES OF AMERICA
on behalf of
Mary B. Hodges, individually and as Executrix of the Estate of William Sterling Hodges, Deceased,
Claimants,
v.
GERMANY.
PARKER, Umpire, rendered the decision of the Commission.
These two cases, which have been considered together, are before the Umpire for decision on a certificate of the two National Commissioners[a] certifying their disagreement. A brief statement of facts as disclosed by the record as follows:
William Sterling Hodges, an American national, aged 33 years, with his wife, Sara Griesemer Hodges, aged 36, and their two children, William S. Hodges, Jr., and Dean Winston Hodges, 8 and 5 years of age respectively, the only issue of their marriage, were passengers on and all of the four went down with the Lusitania.
The first of these claims is asserted on behalf of Levi B. Griesemer, the father of Mrs. Hodges, who on May 7, 1915, was 64 years of age. The second claim is asserted on behalf of Mary B. Hodges, the mother of William Sterling Hodges, deceased, who at that time was 56 years of age.
William Sterling Hodges at the time of his death had been in the employ of the Baldwin Locomotive Works at Philadelphia for approximately 16 years. For a considerable part of this time he had been employed as a draftsman and was then, because of his ability and aptitude, transferred to the sales department. He became a mechanical engineer and represented his company in China and Russia. During the second and third years prior to his death he received a salary was increased to $1,800 per annum. The year prior to his death this salary was increased to $3,000. At the time of his death he was en route to Paris, France, with his family, to take charge as manager of his company’s office there. His prospects were bright.
Mrs. Mary B. Hodges, claimant herein, was at the time of her son’s death a widow, her husband, by occupation a glass stainer, having died in February, 1914. After her husband’s death she was dependent upon decedent and another son, four years his junior. The surviving son and claimant both testify that prior to his death the decedent was contributing $750 per annum toward claimant’s support. The decedent, William Sterling Hodges, on April 30, 1915, made a will naming his wife sole legatee and executrix. He provided among other things that should his wife and two children “all die simultaneously or on or about the same time” then in such event he devised his entire estate to his mother, naming her executrix of his will. The claimant has qualified as such executrix. The inference from the record is that the estate consisted, principally if not entirely, of life insurance to the amount of $11,000 paid to the executrix.
Mrs. Sara Griesemer Hodges left surviving her a father, Levi B. Griesemer, then 64 years of age, who had then been ill for more than a year and unable to work. During that time Mrs. Hodges had sent him from time to time small sums of money – the amounts not stated – to add to his comfort. Soon after his daughter’s death he recovered his health sufficiently to resume work and maintain himself, but for the past two years he has been unable to work and has been an inmate of the “Red Men’s Home”. His sister, slightly older than he, made some small irregular contributions to him.
Both claimants were at the time of the sinking of the Lusitania and have ever since remained American nationals. No survivor other than claimants was in any way dependent upon the decedents for support.
No claim is made in either case for property lost with Mr. and Mrs. Hodges and their children.
Applying the rules announced in the Lusitania Opinion to the facts disclosed by the records, the Commission decrees that under the Treaty of Berlin of August 25, 1921, and in accordance with the terms of the Government of Germany is obligated to pay to the Government of the United States on behalf of (1) Levi B. Griesemer the sum of two thousand five hundred dollars ($2,500.00) with interest thereon at the rate of five per cent per annum from November 1, 1923, and (2) Mary B. Hodges the sum of nine thousand dollars ($9,000.00), with interest thereon at the rate of five per cent per annum from November 1, 1923.
Done at Washington February 21, 1924.
EDWIN B. PARKER
Umpire.
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[a] Dated February 14, 1924.
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