Docket No. 1336.
UNITED STATES OF AMERICA
on behalf of
Charles Hunsicker, Executor of the Estate of Harry J. Keser, Deceased, Floyd Bringhurst Keser, and Insurance Company of North America,
Claimants,
v.
GERMANY.
Docket No. 1337.
UNITED STATES OF AMERICA
on behalf of
Charles Hunsicker, Executor of the Estate of Mary Floyd Keser, Deceased, Floyd Bringhurst Keser,
Claimants,
v.
GERMANY.
PARKER, Umpire, rendered the decision of the Commission.
The 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 record that Harry J. Keser, 42 years of age, and his wife, Mary Floyd Keser, 52 years of age, were lost with the Lusitania. Their son, Floyd Bringhurst Keser, an only child, then 17 years of age, survived them. Both Mr. and Mrs. Keser left wills which have duly probated and Charles Hunsicker was named, has qualified, and is aciting as executor thereunder. The surviving son, who was born and has ever remained an American national, is the sole legatee under both wills.
At the time of his death Mr. Keser was a vice-president of the Philadelphia National Bank, receiving a salary of $12,000 per annum. His prospects for advancement were good. Prior to her marriage Mrs. Keser had been a teacher and principal of a public school. She possessed a separate estate inventoried at slightly in excess of $17,000. She carried no insurance. Mr. Keser’s estate, exclusive of insurance, was of approximately the same value. The life and accident insurance on the life of Mr. Keser collected by his estate aggregated slightly in excess of $150,000. It appears from the record that Mr. Keser spent practically his entire income in maintaining his domestic establishment and paying the living expenses of himself, wife, and son and the premiums on the insurance which he carried and that his property accumulations were comparatively small.
Mr. Keser had with him on the Lusitania property of the value of $1,692.00 which was lost. Mrs. Keser had with her property of the value of $645.00 which was lost. Mr. Keser had covered the property with war-risk insurance to the extent of $1,000, which amount was on July 15, 1915, paid to Charles Hunsicker, Executor, who in turn assigned to the Insurance Company of North America – an American national – an interest in the claims here asserted to the extent of the payment it made. The claims here put forward were completely impressed with American nationality both on the date when the loss, damage, or injury occurred and when the Treaty of Berlin became effective (see Administrative Decision No. V, Decisions and Opinions, at page 188).
In the recovery and burial of the body of Harry J. Keser the executor of his estate incurred expenses aggregating $844.61, which he has paid. In the recovery and burial of the body of Mary Floyd Keser the executor of her estate incurred expenses aggregating $528.50, which he has paid.
Applying the rules announced in the Lusitania Opinion, in Administrative Decision No. V., and in the other decisions of this Commission to the facts in this case as disclosed by the records herein, 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) Floyd Bringhurst Keser the sum of twenty-five thousand dollars ($25,000.00) with interest thereon at the rate of five per cent per annum from November 1, 1923, (2) Charles Hunsicker, Executor of the Estate of Harry J. Keser, Deceased, the sum of one thousand five hundred thirty-six dollar sixty-one cents ($1,536.61), (3) Charles Hunsicker, Executor of the Estate of Mary Floyd Keser, Deceased, the sum of one thousand one hundred seventy-three dollars fifty cents ($1,173.50), and (4) the Insurance Company of North America the sum of one thousand dollars ($1,000.00), with interest on each of the three amounts last mentioned at the rate of five per cent per annum from May 7, 1915.
Done at Washington January 7, 1925.
EDWIN B. PARKER,
Umpire.
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[a] Dated December 17, 1924.
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