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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
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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
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/
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
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• •
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
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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
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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)"-
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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