Docket No. 224.
UNITED STATES OF AMERICA
on behalf of
Charles Rose,
Claimant,
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 United States on behalf of Charles Rose, an American national, asserts this claim for losses alleged to have been suffered by him resulting from the death of his sister, Prudence Mary Robinson, who, with her husband, Charles E. H. Robinson, both American citizens, was a passenger and went down with the Lusitania.
At the time of her death Mrs. Robinson was 59 years of age. Charles Rose, her brother, claimant herein, 63 years of age, is her sole heir-in-law. The record by inference indicates that the claimant did not reside with his sister and her husband.
During her lifetime there was no reason for the decedent contributing to, and she did not in fact contribute to, her brother’s support. By her will, dated April 11, 1911, Mrs. Robinson bequeathed to her brother, claimant herein, certain personal property therein described, or in the vent that she should, during her life, have disposed of such property, then in the alternative the sum of $500 “as a memorial gift from me”. The residue of her estate she left in trust, the income to be paid semiannually to her husband, Charles E.H. Robinson, during his life, the principal thereof on his death to be paid to her heirs-at-law. As her husband died with her, the entire estate of Mrs. Robinson vested in her brother, the claimant herein. There is nothing in the record indicating that in the death of his sister the claimant has sustained any loss susceptible of being measured by pecuniary standards.
No claim is made for the property lost.
Applying the rules announced in the Lusitania Opinion to the facts 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 not obligated to pay to the Government of the United States any amount on behalf of Charles Rose, claimants herein.
Done at Washington February 21, 1924.
EDWIN B. PARKER
Umpire.
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[a] Dated February 14, 1924.
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