FCREIGN CLU16 SETrI..El£1lr COIKSSION OF THE UNITED STATES Washingto~ De Ce

Di the ltltter of the Claim of ti

•• aa ti I: Docket No. Y-349 IS II

1: Decision Noe l305 Under the Yugoslav Cla1ms .Agreement 1.1 of 1948 and the International Cl.aim 11

Settlement Act of 1949 1: t:

FINAL DECISION

BT Proposed Decision dated September 2.31 1954,

toum that clai•nt, aesa Schumacher, was the awmr of certain

tractionaJ. interests ill propert7 recorded under Docket Nos. 3060,

3~28 am ]$111 Cad•stral District of ~nk:a. which was taken b7 the

Gover•1Wnt of ?UgoslaVia cm February 6, 19451 pursuant to the P.neiv

Property Law ot November 211 19b4 ( OFFICD.L C'i&ZJ:I"l'E Boe 2 of

Februa17 61 194S). 1he OCllllissian also deterndned that the value of

Qesa SchUMcber•s interest in that propert7 was $4,409.101 and made

an award in that amount, plus interest. The Cowd•sicm dallied tAe

ela1w ot Bleie SchUNdlere

ClA1mnt, aesa Schwdler, stated that he and his wlte, Zlsie

Sall• 11dler1 ai.e .,..4 jolnt:q- a farm with an area of 20 kettan lo

eated •" SiTUe 1D olljactian vu also filed :lD the tara ot a letter

datM Oe\eh9r S, 19Sk s1ped by boU:l al•1unt..

A farUlar bn8t1gaticn bJ" ti. Co:al••i•'• BelgraM Ottiee

2 ... &TIM. a 11 lt•Jf ...... ia ffle ..._.i. ot ].apd ll-1Jll a lll'U

of 24 yutars and 8$5 square fathoms, with a farnilouse on one of the

parcels, recorded under Docket Noe 2972, Cadastral District of

Sivac1 and that this propert7 was also taken by the Government of

l\lgos1avia an Febru81'7 6, l.94S, pursuant to the Enemy Property Law

of NoTeJllber 21, l.944 (supra).

Clajmants have submitted no corroborative evidence of value

of tJJjs property and the YUgosl.av Government has submitted no ap

praisu. An investigator for this Commission appraised the land at

368,0l.6 dinars and the building at 251 000 dinars, for a total of

3931016 djnars, an the basis of 1938 values.

As stated in the Connissian•s Proposed Decision, cldmant,

Elsie Schumacher, became a citizen of the anted States cm July' 221

l948e 'Die Agreement of July U 1 1948 between the Govermnenta of

the United States and YUgoslavia settled nan claims of nationals

ot the Qlited States• for the ttnaticmalization or other taking b7 .

IUgoslavia of propertytt (Article l)1 who were nationals ot the

mlited States •at, the time ot nationalization or other tak:!Jlg•

(lrticle 2). It express]J" excluded natiom.ls of the Uoited States

"Mho did not possess such national1.t7 at the time of the nationa.1.

isaticn er other taking• (Article 3) • Smee clai.mant, Elsie

Schmcher, was not a natioml. of the Unitecl States at the ti• of

taJdng• her cl.aim vu not settled bJ' the .lgreemnt• and is not•

theretcre_, wit.Din the jariadictian ot this Cc-•111ssion.

OD the baau ot all the evidence and dat~ before it, the

ec-inicm :18 ot the opinicm that the fair and reasonable value ot

.. Jr9'•rt1' recordad ader Docket Ro. 2"12• Cadaatral District ot

JJJ.oJ.6 tHr r• u of the 19ar l938.-. CJA1• st'•• Ge•• .......~··· •• Ital t iat&Nart. in •• prepartJ" ... •rt.la 1'6.

http:national1.t7http:natiom.lshttp:YUgosl.av

/

dina:rse 1bat amount, converted into dollars at the rate of 44 dinars

to $]., the rate adopted by the Commission in making awards based upon

DECISION

~ the above evidence and grounds, an additional award is

hereby made to Geza Schumacher, claimant, in the amount of $41 466.091

with interest frs Februa.17 6, 1945 to August 211 l948 in the amount

ot l948.S2, making a total award to Geza Schumacher of $81 87S.l9,

with total interest in the amount of $1,884.94.- The claim of Elsie

Schumacher is denied.

ec 1 5 ,gs4 Dated at Washington, De Ce D15a

http:Februa.17

• •

Ft>REIGN CLAIMS SEI'TIEMENT OOMMISSION OF THE UN£rED STATF.S

Washington, D. c•

••

In the Matter of t he Claim of ••

GEZA scmn.m.cmm : Docket No . Y-349 FJ:.SIE SCEJMACHER ••

156 Huntsbridge Road, : Yonkers 4, New York •• Decision No . I J PJ

•• Under the Yugoslav Claims Agreement •• or 1948 and the International Claims ••

Settlement Act of 1949 ••

61~ ~ ,-~-j 'r--------:

PROR>SED DECISION OF THE CDMMISSION

This is a claim for $24,280 by Geza and Elsie Schumacher,

citizens or the United States since October 4, 1929 and July 22,

1948, respectively, the dates or their naturalization, and is for

the taking by the Government 0£ Yugoslavia of 36 yochs of land, two

houses and other buildings in and around Crvenka, Yugoslavia, and

for 551 000 dinars loaned by claimants in 1941 to Anna Sirucek, a

sister of one of the cla1mants, for the purchase of a house in

Sambor, Yugoslavia.

The Commission finds it established by certified extracts from

the Land Register of the Cbunty Court of lfula (Cadastral District of

.Orvenka) filed by the Govermnent of Yugoslavia and from the report

ot its investigator that claimant Geza Schumacher was the owner of a ,.

ODe--balf interest in one parcel of land with an area of 11454 square

tath•• (Docket No. 3060 of Crvenka), or a one-third interest in two parcel.a o~ land with an area of 35 jutroa (Docket No. 3928 of Crvenka)

'

et a one-fourth interest in a house and one pa.reel ot land vith

48a 9qaU9 fatb•• (Docbt l'o. 1511 of °"9nta). • JJl'OP

- 2

It is also noted that claimant Elsie Schumacher became a national

of the United States on July 22, 1948, long af'ter the taking of

the property by the Government of Yugoslavia. Therefore, in no

event would she have standing to maintain the claim.

The extracts and the report of the Commission's investigator

show that all of the above described property was taken by the

Yugoslav Government on February 6, 1945, pursuant to the Enemy

Property Law of November 21, 1944 (Official Gazette No. 2 of Feb

ruary 6, 1945).

Claimants filed no corroborative evidence of value. .A three

party committee appointed by local Yugoslav authorities appraised

the one-third interest of claimant Geza Schumacher in the property

recorded under Docket No • .3928 of Crvenka at lll,882 dinars and his

one-fourth interest in the property recorded under Docket No. 15ll

ot Crvenka at 17,7.32.50 dinars. An investigator from this Commission

appraised Geza Schumacher's interest in the property listed under

Docket No • .3928 or Cn'enka at 175,000 dinars and his interest in

the property listed under Docket No. 15ll or Crvenka at 16,5ll dinars.

The investigator also appraised the property recorded under Docket

No. 3060 or Orvenka (not included in the valuation of the Yugoslav

Govermnent) and valued claimant Geza Schumacher's one-half interest

in it at 6,816 dinars. All or these appraisals were made on the basis ot 1938 values.

Both the Yugoslav Govermnent and this Commission 1s investigator

haT8 reported that neither Anna Sirucek or claimants are recorded as

tbe owners ot azq propertJ' in Sambor, Yugoslavia, and it has not been

est.h.J1aW tbat Anna Sirncek ever purchased a house there with the

55 4j,NJW u~ loaned to her 'b1' claimants tor that pirpoae.

http:17,7.32.50

/

- .3

Since the claim for recovery of this sum is against a private indi

vidual and no taking by the Government of Yugoslavia is involved,

such claim must be denied as not coming within the scope or the

Yugoslav Claims .Agreement of 1948 which provides for compensation

only for the nationalization or other taking by the ~goslav Govern,..

ment of property and rights therein owned by United States nationals

at the time of taking, if such taking occurred between September 1,

1939 and July 19, 1948.

The house and parcel of land recorded under Docket No. 1511 of

Crvenka, and described above, were encumbered with a life estate in

favor of Katherine Schumacher, the widow of claimant Geza Schumacherts

rather.. According to evidence of record she was seventy-one years of

age at the time of taking. Claimant Geza Schumacher's interest in

the property listed under Docket No. 1511 of Crvenka was, therefore,

a remainder interest, and the value of that interest must be determined.

The Commission does not have actuarial and income data with re

spect to Yugoslavia and so far as it has been able to determine, reli

able data for Yugoslavia is not available. It has, therefore, adopted

as a basis for the valuation of life and remainder interests the Make

hamized mortality table, appearing as Table .38 of United States Life

Tables and Actuarial Tables 19.39-41, and a .3 1/2% interest rate, com

pounded annually, as prescribed by United States Treasury- Department

regu.lations ot June 3 and 4, 1952 tor the collection of gift and es

tate taxea, respecti~. (See 17 F.R. 4980, 26 C.F.R~ 86.19 (i');

17 P.a. 5016, 26 C.P.ll. 81.10 (1).) According to that method ot val

~ a reuinder interest in propertJ" which is subject to a ll~

••• ot a JllN• .... MT8Dt)"-

-4

amount, or 48,737 . 91 dinars, of which claimant Geza Schumacher1s

one-fourth interest amounts to 12,184.48 dinars .

It is not clear vmether the claim also embraces a request for

compensation ror the taking by the Government of Yugoslavia of per

sonal property, including, particularly, furniture and household

effects . In any event, both the Commission's investigator and the

Government of Yugoslavia have reported that any such personal property

was presumably carried away during the war since none remaine.d at the

time the real property was taken by the Govermnent of Yugoslavia. A

claim in that respect, therefore, would not be within the Agreement

of July 19, 1948, between the Governments o:f the United States and

Yugoslavia.

The Com.mission is of the opinion , on the basis o:f all evidence .

and data before it, that the fair and reasonable value of the in

terests of claimant Geza Schumacher in all of the above-described

property which was taken by the Government of Yugoslavia was

194,000.48 dinars as of the .year 1938.* That amount converted into

dollars at the rate of 44 dinars to $l, the rate adopted by the

Commission in making awards based upon 1938 valuations, equals

DECISION

On the above evidence end grounds, the claim of Elsie Schumacher

1a denied and the claim of Geza Schumacher is allo~ and an award is

herebJ'made to claimant Geza Schumacher in the amount or $4,409.10 with :ln.tereat thereon train Februar.r 6, 1945, the date of t-1dng, to

~ 21, 1948, the date ot pa;.yment by the Government ot Yugoslavia,

• a.

http:4,409.10http:194,000.48http:12,184.48http:48,737.91