Docket No. 263.
UNITED STATES OF AMERICA
on behalf of
Millicent Harwood Hartt, individually and as Executrix of the Estate of Charles Harwood Knight, Deceased,
Claimants,
v.
GERMANY.
Docket No. 264.
UNITED STATES OF AMERICA
on behalf of
Millicent Harwood Hartt, individually and as Executrix of the Estate of Elaine Harwood Knight, Deceased,
Claimants,
v.
GERMANY.
PARKER, Umpire, rendered the decision of the Commission.
These two cases, which will be considered together, are before the Umpire for decision on a certificate of the American Commissioner and the German Commissioner[a] certifying their disagreement. A brief statement of facts as disclosed by the record as follows:
The claimant Millicent Harwood Hartt was born and has ever remained an American national. On March 12, 1910, she married John Philip Hartt, also an American national. Her uncle, Charles Harwood Knight, aged 39, and her aunt, Miss Elaine Harwood Knight, aged 42, neither of whom had ever married, both of whom were American nationals, went down on the Lusitania. The claimant is their next of kin and the sole survivor of the Knight family. Her mother died when she was 12 or 13 years old. Her uncle was appointed her legal guardian and she lived with her uncle and aunt as a member of their household. Since her marriage the claimant and her husband, who was and is abundantly able to provide for her, have lived apart from her uncle and aunt, although the relations existing between her and them were of a most affectionate nature.
Charles Harwood Knight had long been employed by a piano company in Baltimore, where his sister resided with him. At the time he came to his death, he, accompanied by his sister, was going abroad to pursue his piano studies with a view to increasing his earning power. Since the claimant’s marriage in March, 1910, she and her husband had their winter home at Deadham, Massachusetts, and their summer home at Marion. Her uncle and aunt did not contribute, and so far as disclosed by the records had never contributed, to claimant’s support. They, however, left a joint will naming claimant as the executrix and the universal legatee of their respective estates. Claimant has qualified as executrix and has become vested with the estates of which her uncle and aunt died possessed. It is apparent that claimant has sustained in the death of her uncle and aunt no loss which can be measured by pecuniary standards.
Charles Harwood Knight had on the Lusitania property of the value of $1,750.00 which was lost. There is no proof of loss of any property of Elaine Harwood Knight.
Applying the rules announced in the Lusitania Opinion and in the other decisions of this Commission 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 Millicent Harwood Hartt, Executrix of the Estate of Charles Harwood Knight, Deceased, the sum of one thousand seven hundred fifty dollars ($1,750.00) with interest thereon at the rate of five per cent per annum from May 7, 1915; and further decrees that the Government of Germany is not obligated to pay any amount to the other claimants herein.
Done at Washington February 21, 1924.
EDWIN B. PARKER
Umpire.
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[a] Dated February 14, 1924.
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