Docket No. 225.
UNITED STATES OF AMERICA
on behalf of
Mary Anne Baker, individually and as Administratrix of the Estate of Millie A. Baker, 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 American Commissioner and the German Commissioner[a] certifying their disagreement. A brief statement of the facts as disclosed by the record follows:
The claimant, Mary Anne Baker, now 62 years of age, a native of Ireland, in December, 1880, married Alfred Baker, an American national, a veteran of the Civil War, who was in the employ of the Government of the United States under the civil service as a steam engineer at a small salary. In February, 1889, this couple legally adopted a female child, born December 23, 1887, to whom was given the name Millie A. Baker. The claimant’s husband died in June, 1909. Her adopted daughter developed a voice and had for several years prior to 1915 been studying in Paris for the operatic stage and hoped to make and early debut with the Opera Comique. This daughter visited America in the spring of 1915 and took return passage on and was lost with the Lusitania. She had from time to time made contributions to her foster mother’s support, although the amounts of such contributions and their regularity are not disclosed by the record. The claimant is now left destitute and at her advanced age is supporting herself as a nurse. The decedent carried life insurance in the sum of $2,000 in favor of her foster mother, which amount was paid by the insurance company to this claimant. While the evidence is meager, the record clearly indicates that the decedent was grateful to her foster mother for the care, maintenance, and early education bestowed, and that decedent did from time to dime make relatively substantial contributions toward her foster mother’s support.
This claimant is the sole heir-in-law and the administratrix of the estate of Millie A. Baker, deceased. Amongst other elements of damage, demand is made for the value of the personal property which the decedent had with her at the time of her death. Claimant testifies that such property exceeded “in value the sum of twenty-five hundred dollars”. There is testimony in the record, not entirely satisfactory in its nature, which places the value of the wardrobe, furs, and jewels of the decedent at $14,800.00.
Applying the rules announced in the Lusitania Opinion in other decisions of this Commission to the facts as disclosed by the 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 Mary Anne Baker individually the sum of fifteen thousand dollars ($15,000.00) with interest thereon at the rate of five per cent per annum from November 1, 1923, and is not obligated to pay any amount on behalf of the claimant in her capacity as Administratrix of the Estate of Millie A. Baker, Deceased.
Done at Washington February 21, 1924.
EDWIN B. PARKER
Umpire.
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[a] Dated February 14, 1924.
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