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IN THE MATTER OF
F Sather Bruguiere, Individually and as Eacutor of the Estate
of Josephine 8.
Bruguiere, Deceased, Claimant
Duncan & Mount, Attorneys
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CHANDLER P. ANDERSON,
A Ameri Conmmndsner
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Established in pursuance of the Agreement between
United States and German7 of August 10, 1922
CHANDLER P. ANDERSON
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DECISION NO. 53
IN THE MATTER
L "SETTLEMENT OF WAR
DOCKET NO. 5332
4o4, #ahert Bruguiere,
Individually and as Executor of the Estate
paid by him to his attorneys, Duncan & Mount, of New
alred by them on behalf of and with the authority of the claimant,
the American Commissioner, have filed with him an aidavit a
to by Mr. U. D. Dunean, a member of their frm, gving the into
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tion which the attorneys desire to have considered by the Commni
information has been brought to the attention of the claimant,
has filed a statement in reply, a copy of which has been transmitted
to the attorneys.
In this case an award was rendered by this Commission on April
1925, on behalf
Executor of the estate of Josephine S. Bruguiere, deceased, Peder S.
Bruguiere, Emile A. Bruguiere, and Francis J
. Bruguiere, for $57,055,
which was apportioned as follows
Bruguiere, as Exe-
cutor, the sum of $15,705, with interest thereon at the rate of five per
cent per annum from August 19, 1915, to the date of payment, which
amount represents the
value of personal property
belonging to the
decedent, claimant's mother,
on August 19,
through the sinking of the steamship Arabic, by a German submarine;
Louis S. Bruguiere, individually, the sum
thereon at the rate of five per cent per annum from August 19, 1915,
to the date of payment, which amount represents the value of personal
property belonging to him lost through the sinking of the steamship
4rabic, and the further sum of $10,000,
with interest thereon at the
Bruguiere, Emile A. Bruguiere, and Francis J
of $5,000 each,
with interest thereon at the rate of five per cent per
amount represents damages for mental suffering
and nervous shock
consequence of the
ments have been made by the Treasury
Department in settlement of
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14. 1998. PP.der
.62: Mayv 21 .A.
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to thirty per cent of
the amounts received
iWr services rendered and disbursements incurred on
S. Bruguiere, Francis J
Bruguiere, and Emile A.
ap ears from the information filed by the parties that in October,
SMr. Louis S. Bruguiere employed Mr. L. Barton Case,
tate of his
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II:.n p:e' ''t. The
Hnu a i.-
ney, dated October
r of the
Case also re
hine S. Bruguiere, and in connection
the estate of
with a claim for
of Van Iderstine, Duncan & Barker,
prosecution of the claim against Germany.
i agreed to act on the basis of my firm's
ring, to assist in an accounting action
York City, to represent him with reference to his interests in
f damages resulting from the submarine attack.
13, 1915, Mr. Bruguiere authorized
other attorneys as he might deem fit and
ch compensation as he may deem reasonable and just in
being paid in any event, and in addition to this a fee
ged of 30% of any settlement or recovery," and that his
ceive two-thirds and Mr. Case one-third of this fee.
3ll, to assist in the probate of the Last Will and Testa-
)hine S. Bruguiere, as a result of which Mr.
f the Bruguiere Comipany in the State of California.
y 23, 1916, a meeting was held in Mr. Duncan's office,
ra m =~ w ~I
the claims of himself personally,
together with the
D. Duncan, Esq.,
fees, costs and di
and as executor of the state
r heirs joining in Tl rosiecu
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and his said
sb psemen ts,"
fhrotfgh sin 9T
e.. g., 30%
with costs and disbursements,
Mr. Brugiere states that tDuncan
that "they would
undertake the work
on an absolutely
rent basis and that the fee woulS
Attorneys that this seemed "en
paper to the effect that the fee
"; that he informed thvsg
s UI i *~ LV^t^1
d be 331/3%; and that nothing
was said as to payment of e
to the percentage armed upon.
Sefurther states that in 1923 or 19
Mr. Case gxt him a copy of the agreement which he ha.d signed; and
" protesting against the
amount I had agreed to pay as fee:.
t is unnecessary for the American Commissi
oner to determine thf
exact terms of the agreement b pjyen
It is agreed that
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collection of the claim;
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disbursements made on his beh i
t is willing
fee fixed in
the oral ageere
ment which the attorneys cn t wa
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made is less than that fixed in
agreement was in accordance with the claimant's contention, namely,
a written agreement providing for a contingent fee of 33A per cent,
was to be divided
Atween M. i Duncan's firm and
ILttweeni MrXJ. J-LlLtl &U ldl
The sole question
I~ bss 4b
*Q~2Se with the
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p Ld ielration
i..: On March 11
'" ".t of State.
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e...r j dby bhi
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to consideration the work done by
Mr. Case in connec-
accounting action brought against the Bruguiere Com-
The services rendered
8, 1916, Mr
which can be taken into
Duncan filed a Memorial with the Depart-
ment of Mr
1 on February 24,
the amount of
was accompanied by a certified copy
uiere as Executor, and two affidavits
1916. Damages were claimed for the
& Mount con-
Served with the Department of State.
H p. July 21, 1919, the attorneys were requested to file corroborative
fipmished them with a set of application forms,
intrxictions for the preparation of a formal
of Mr. Bruguiere,
the attorneys and, on April 21
, verified by the claimant,
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in London. Two supporting affidavits and a power of
in favor of Duncan & Mount were also executed by the
and an affidavit was executed by his brother, Emile, at Nice,
on April 4,
On February 3,
1921, this application
.y prepared, and affidavits were obtained from the four heirs.
On June 8
, 1921, this application
State, but on examination it was considered incomplete.
aBdavits were obtained, and it was again filed with the Department
of State on November 16, 1922.
. The claims were referred to the American Agent before this Com-
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of the steamship Arabic, he was unable to make any offer" i
0 0 0
the very high amount demanded by
After the filing of
proiise possible. The attorneys were directed by the
Agent to prepare a statement of facts for submission of C
0E .0:0 ."!:
On February 5, 1925, at the-request of the attorneys,
was held in
Washington between a member of their firm I
a ........ 'i~iiSwiliU
the American Agent, and the German Agent.
that dependency was not established;
oppose an award in the amount of $57,055,
to be apportioned among
To Louis S. Bruguiere, as Executor, for the loss of personal property .
loss of his personal
rate of five
per cent per annum
of payment; and to him, individually, for physical suffering,
and to each of his brothers, for mental suffering and nervous shock,
with interest thereon at the same rate from November 1, 1923,
to the date of payment.
Ir. Case submitted this offer of settlement to the claimants.
was then submitted
on behalf of the several claimants for the amounts already stated.
The attorneys herein filed with the Treasury Dep
plications for payment of the award, after employing Lod
to assist in properly executing the forms.
The character and' extent of the services rendered by the ar
nt to look after their own interests in making a
record shows that at the time the claimant retained the attor-
was thirty-four years of
on a number
named in his mother's
it him in connection with matters other than the presentation
jthe claim against Germany
All of his brothers, who were equally
sed in the claim on behalf of the Estate, accepted his employ-
et of the attorneys herein and have paid them a fee of thirty per
& of the amounts awarded on their behalf.
The attorneys herein
had to deal with an exceptionally
large number of
urber of unusual complications in the presentation of this claim,
'iheve devoted their best efforts on behalf of the claimant, who has
eason to complain about the outcome of the case.
he American Commissioner, accordingly, holds that in these cir-
stances the claimant must be regarded as fully capable of protect-
iis own interests when he made the agreement for a contingent
, as above stated, has now been reduced to
per cent of the actual recovery.
Duncan & Mount and
I81 paid by Mr. Case.
In the statements submitted to the claim-
[y, and the share of these three brothers amounts to $469.78.
of the claimant herein, accordingly, computed on the basis
which his brothers have settled
with the attorneys herein,
a a ~La d~fl I (10 OsLnn,i tnSL~ nqr. (1 aSr 4L t4QnSfwn at nr1 rn..... A ,
~ib ]qil4m dd
tb Mf. Ter ing was for services in an accounting action in Californim,
aid pih pajffieh ifffeb MtII ussell was for services in the probatT
A ifinfiber eof exe likewise have no relation to the
agAifi t Germaiy.
totalling $157.20, to W
Dtvidson, for services in revising th6i
Mfiib ial, iiiibtf eitfl bfe liffiidatUS from their bill for d
fr deducted fiKrd their fee f rties.
lkft the employ if Duncan & Mount at the time these payments wert
made to him, they represent services and not disbursements.
over, his certificated as a N6tary Public in connection with this claim
contain the stitemehts that he had
interest in the claim.
The payment of $19.94 to Thomas W
& Co. i lsi an item representing services.
Now, therefore, ini the circumstances above set forth,
lag that the payment of
was cntigen pon securing and collecting an award, and in
of the considerations stated in the general Administrative and Juris-
date of September 28, 1928, and after careful
examination and full
consideration of the information furnished in this proceeding by the
the claimant and
records of this
pertinent to the questions involved, and after due deliberation thereon,
fee to be paid by the claimant, Louis Sather
and as Executor of the Estate of Josephine S.
his attorneys, Iuncan & Mount, a sum equal
tie amounts received by the claimant from the
Bruguiere, deceased, to
thirty per cent of.
in payinent of his award, the said fee to be paid by the claimant and
received by the attorneys (and their associate Mr. L. Barton Case)
asull coiiipensatidoi for ai services rendered by the attorneys in the
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UNIVERSITY OF FLORIDA
3 1262 08484 1781
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