Docket No. 2189.
UNITED STATES OF AMERICA
on behalf of
Thomas Vance and William M. Hoes, Administrator of the Estate of John Vance, Deceased,
Claimants,
v.
GERMANY.
PARKER, Umpire, rendered the decision of the Commission.
This case is before the Umpire for decision on a certificate of the two National Commissioners[a] certifying their disagreement.
John Vance, a naturalized American citizen, about 30 years of age, was a passenger on and went down with the Lusitania. He had never married. He left him surviving a father, a mother, two sisters, and a brother, all subjects of Great Britain; and also a brother, Thomas Vance, a claimant herein, then 29 years of age, a naturalized American citizen. William M. Hoes, public administrator for the County and State of New York, was appointed, qualified, and is the acting Administrator of the Estate of John Vance, Deceased.
No claim is made on behalf of the members of the family of deceased who were at the time of his death, and apparently still are, subjects of Great Britain. The record negatives the claim that Thomas Vance was dependent upon, or received, or could reasonably have anticipated receiving at any time in the future, contributions from the deceased. On behalf of Thomas Vance it is contended (a) that his own living expenses were increased by the reason of the fact that his deceased brother no longer shared and divided the expense of a room with him and (b) that the burden of supporting, maintaining, and educating their sister Elizabeth – a British subject – fell on Thomas after the death of John. The damages, if any, so suffered by Thomas Vance are too remote in legal contemplation to form the basis for an award.
The record indicates that the deceased had with him on the Lusitania personal effects, including cash, of the value of $600. At the time of his death the deceased was a resident of the State of New York. He left no will. His surviving father and mother, who were subjects of Great Britain, were his next of kin and heirs-at-law. As the beneficial interest in the estate of the deceased is British, there is no basis for an award against Germany for the value of the property lost with him.
Applying the rules and principles 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 not obligated to pay to the Government of the United States any amount on behalf of the claimants herein or either of them.
Done at Washington January 14, 1925.
EDWIN B. PARKER,
Umpire.
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[a] Dated January 8, 1925.
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