Docket No. 2218.
UNITED STATES OF AMERICA
on behalf of
Arthur Withington, individually and as Administrator of the Estate of Lothrop Withington, Deceased, Anne Withington, and the Estate of David Little Withington, Deceased,
Claimant,
v.
GERMANY.
BY THE COMMISSION: –
Lothrop Withington, a native American citizen, was a passenger on and went down with the Lusitania. At the time of his death he was 59 years of age, unmarried [sic], and without issue. He left him surviving as his sole heirs and next of kin a sister, Anne Withington, a brother, Arthur Withington, and another brother, David Little Withington (since deceased), all native American citizens. Arthur Withington was duly appointed, qualified, and is now acting Administrator of the Estate of Lothrop Withington.
The deceased was by profession a genealogist. His principal business was searching English records on behalf of wealthy Americans interested in genealogy. The record in this claim wholly fails to disclose any contributions made by the deceased during his life to any of the claimants or any dependency by them on him, or that any of them had reason to expect any contributions by him to them at any time in the future. The claimants have wholly failed to discharge the burden resting on them to prove any damage to them from the death of deceased which can be measured by pecuniary standards.
From the record it appears that the deceased had with him at the time of his death personal property, including cash, of the value of $1,500, all of which was lost.
Applying the rules announced in the Lusitania Opinion and in 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 Arthur Withington as Administrator of the Estate of Lothrop Withington, Deceased, the sum of one thousand five hundred dollars ($1,500.00) 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 to the Government of the United States any amount on behalf of the other claimants herein.
Done at Washington January 7, 1925.
EDWIN B. PARKER,
Umpire.
CHANDLER P. ANDERSON,
American Commissioner.
W. KIESSELBACH,
German Commissioner.
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