Docket No. 421.
UNITED STATES OF AMERICA
on behalf of
Violet McCauley, Elizabeth M. Parmly, Peter J. Mills, and Elizabeth M. Parmly as Administratrix of the Estate of Mary Margaret Baldwin, deceased,
Claimants,
v.
GERMANY.
Docket No. 2022.
UNITED STATES OF AMERICA
on behalf of
William M. Baldwin, Charles Lansing Baldwin, and Joseph C. Baldwin, Jr., individually and as Executor of the Estate of Harry B. Baldwin, deceased,
Claimants,
v.
GERMANY.
PARKER, Umpire, rendered the decision of the Commission.
These two cases numbered and styled as above have been considered and will be disposed of together. They are before the Umpire for decision on a certificate of the two National Commissioners[a] certifying their disagreement.
It appears from the records that Harry B. Baldwin and his wife, Mary Margaret Baldwin, American nationals, 48 and 38 years of age respectively, were passengers on and were lost with the Lusitania. No children survived them.
Mr. Baldwin was survived by his three brothers, William M., Charles L., and Joseph C., Jr., all claimants herein, all established in business in the city of New York, none of whom then was dependent upon or received contributions from the deceased. Mrs. Baldwin was survived by her mother, Mrs. Violet McCauley, then 68 years of age, her sister, Elizabeth McCauley Mills, now Mrs. Elizabeth M. Parmly, then 40 years of age, and her nephew, Peter J. Mills, a son of Mrs. Parmly by the former marriage, then 16 years of age, all three of whom are claimants herein. Mrs. Parmly reside in Chicago with her present husband, a member of the Chicago bar, and her son, Mr. Mills, and her mother, Mrs. McCauley, reside together in Chicago. At the time of the sinking of the Lusitania all the claimaints herein were and have ever since remained American nationals.
At that time and since the claimant Peter J. Mills has resided with his grandmother, Mrs. McCauley. The latter was wholly dependent upon her deceased daughter, who contributed $1,200 per annum to her support.
There were lost with Mrs. Baldwin on the Lusitania jewelry, clothing, and other personal effects belonging to her of the value of $1,500. The inference from the record is that Mrs. Baldwin left no separate estate save the value of the property lost with her at sea and some furs and other personal effects found in the New York apartment occupied by her and her husband before their deaths.
Mr. Baldwin was president and general manager of a corporation from which he received a salary of $12,000 per annum and dividends from the stock owned by him averaging $30,000 per annum. He also received $3,600 per annum from a trust fund established under the last will and testament of his father. He left a will executed in August, 1912, bequeathing his entire estate to his wife, who died with him. His life insurance, amounting to more than $50,000, has been collected by his executor. His three brothers, claimants herein, taking in equal parts, inherited his entire estate. The deceased had with him on the Lusitania $1,500 in cash and personal effects of the value of $1,000.
Applying the rules announced in the Lusitania Opinion and in the other decisions of this Commission to the facts as disclosed by these records, 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 (1) Violet McCauley the sum of ten thousand dollars ($10,000.00) with interest thereon at the rate of five per cent per annum from November 1, 1923, (2) Elizabeth M. Parmly as Administratrix of the Estate of Mary Margaret Baldwin, deceased, the sum of fifteen hundred dollars ($1,500.00) with interest thereon at the rate of five per cent per annum from May 7, 1915, and (4) Joseph C. Baldwin, Jr., Executor of the Estate of Harry B. Baldwin, deceased, the sum of two thousand five hundred dollars ($2,500.00) 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 October 8, 1924.
EDWIN B. PARKER,
Umpire.
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[a] Dated September 23, 1924.
53281º–25—-30
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