Docket No. 2057.
UNITED STATES OF AMERICA
on behalf of
First Trust and Savings Bank, Casper, Wyoming, Administrators of the Estates of James W. Shineman and Mrs. James W. Shineman, Deceased,
Claimants,
v.
GERMANY.
BY THE COMMISSION: –
James W. Shineman, a native American citizen, and his wife, Margaret McKenzie Shineman, were passengers on and were both lost with the Lusitania. No issue survived them. They had been employed on a ranch near Oil City, Wyoming. The record indicates that Mr. Shineman left relatives in Illinois surviving him. The record fails to disclose the names and addresses of Mrs. Shineman’s next of kin. The inference is that they reside in Scotland, where she was born. There is no evidence that either of the decedents had made, or was likely to make, and pecuniary contributions to any surviving them or that any American national was dependent upon either of them or suffered damages from their deaths which can be measured by pecuniary standards.
Mr. Shineman had with him personal effects and cash of the value of $750. Mrs. Shineman had with her personal effects and cash of the value of $300. All of this property was lost. The beneficial interest in the estate of Mr. Shineman is in American nationals. The nationality of the beneficial interest in Mrs. Shineman’s estate is not proven. The inference from the record is that it is British. It is not shown that any debts were owing by her to American nationals or that there is any outstanding indebtedness of her estate within the United States. Hence there is no basis for an award to the administrator of Mrs. Shineman’s estate.
Applying the rules announced in the Lusitania Opinion and in the other decisions of this Commission to the facts as disclosed by the record 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 First Trust and Savings Bank, Casper, Wyoming, Administrator of the Estate of James W. Shineman, Deceased, the sum of seven hundred fifty dollars ($750.00) 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 First Trust and Savings Bank, Casper, Wyoming, Administrator of the Estate of Mrs. James W. (Margaret McKenzie) Shineman.
Done at Washington January 14, 1925.
EDWIN B. PARKER,
Umpire.
CHANDLER P. ANDERSON,
American Commissioner.
W. KIESSELBACH,
German Commissioner.
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