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bI.. I. ~3: I.: 'Il.i' ...r. * .43. II 1 .1 * I. SIbs. . "I: .14 I , it:,: GEN' i; .. ..HE L II;'.r '* 1 .I .1?. *1. w';? I-:i 1.... *:m: *II"i -- 'r" -'11i 'I II. I *I I... r*:~ !.:. ANDERSON American CGojmjner 'at, U.S. THE M.F MIXED UNITED DEP COMMISSIONER COMMISSION AND GERMANY NO. IN THE MATTER OF REASONABLE TS UNDER THE SETTLEMENT FOR AUTHORITY WAR NO. CLAIMS 10841 9amann, Executor of the Estate of Deceased, Claimant Frederick C TORY AMERICAN CLAIMS STATES DECISION FEES ATTORNEYS SECTION ACT OR DOCKET 9 OF 1928 " Hendricks & Kokjer, Attorneys Hamnann, Huettelmaier, Agent CHANDLER ' Sfi * *"* "I ,", "e r I :E", ,,"EE" i I;' i:: k "" " Pl " MIXED CLAIMS COMMISSION, UNITED STATES AND GERMANY Established in pursuance of the Agreement between the United States and Germany of August 10, 1922 CHAlLERW P. ANDERSON American Comasioer (U) * S ~Lq1X. ,ipma;;;:E~ : ": : .ii~;ii I THE AMERICAN MIXED CLAIMS COMMISSIONER COMMISSION UNITED STATES AND GERMANY DECISION NO. IN THE MATTER OF FIXING REASONABLE FEES FOR ATTORNEYS OR AGENTS THE UNDER THE " SETTLEMENT AUTHORITY WAR CLAIMS SECTION ACT 9 OF 1928" DOCKET NO. 10841 John F . aman.n., E. xecu tor of the Deceased Estate of Cla.imant Frederick C Hamann, Hendricks liu~ettelzajie , Attorneys er, Agent The above-named claimant has duly filed with the American Com- missioner a written request that he fix reasonable fees to be paid by him to hi attorneys, Hendrick & Kokjer, of Wahoo, Nebraska and to his agent, Huettelmaier, of Omaha, Nebra as compen- ~'L ... 486_ claimant of this request that reasonable fees be fixed response requests by the American Commissioner, attorneys and agent have each filed with him affidavits and letters giving informa- tion which they desire to have considered by him in this proceeding, which information has been brought to the attention of the claimant, who has filed several letters in reply, copies of which have been trans- mitted to the attorneys and agent. In this case an award was rendered by this Commission on June 25, 1930, on behalf of the claimant, for $1,398.10, with interest there- on at the rate of five per cent per annum from June 8, 1918, to the date of payment, which amount represents the share of the claimant and his two sisters in the estate their uncle, Johann Friedrich Hamann, who died Gettorf, Germany, on September , 1913, which share they inherited through their father, Frederick Hamann, a brother and a beneficiary under will Johann Friedrich Hamann. The total amount received claimant from Treasury Department in payment of this award was $2,331.79. The attorneys request a fro cent amount received in payment of the award attorneys , and the agent requests $450 as his fee. and agent were employed It appears that understanding that their compensation would be contingent upon the recovery of an award, but no percentage was agreed upon. The claimant states in his letter of November 3, 1930, to the Ameri- Commissioner concerning the compensation asked by the attor- neys that-- I wish to say that as Executor of the Estate of Frederick C. Hamann, deceased, I engaged Hendricks & Kokjer to handle the entire matter for me, including the German Estate and the property belonging to the estate in Saunders County, Nebraska. ,"~11 U : Mr. Hendricks completed probate proceedings in this estate in the can 'Fi "Fb i ;: i. 4 * 487 the estate in Germany" and attached their reply a statement in support thereof from the County Judge who presided over the pro- bate proceedings in Saunders County, Nebraska. In response to the agent 's demand for a fee of $450, the claimant states in another letter of November 3 , 1930, to the American Com- missioner our claim that " we give allowed and Mr. think he 1-uettelmlajer should full well credit paid having for such serv- ices, but, $450.00 j ass tated previous such we think he i work unreas offered onable in asking pay him about $230.00, which offer we still think liberal one." The agent denies that the claimant made him an offer of ten per cent as hi It appears from information filed by the parties to pro- ceeding and from records Commission that Johann Friedrich Hamann at the time of his death in Germany in Septem- ber, 1913, was a resident and citizen Germany Upon final partition of his estate in Germany on November 30, 1915, the follow- ing were named' as rightful heirs to the amounts set opposite their names Mrs. Agatha Heine, a niece, daug a deceased brother of the testator, 1 George Hamann, a nephew, son c or 1336.23 Marks. hter of Chri /30 or 1336 tian Hamann, 3 Marks. ,f Christian Hamann Fred Hamann, or 1336.23 Marks. a nephew son Christian Hainann, 1/30 Matthilde 1/30 or 1336 Hanna Sc 1/30 or 1336 Heine 1.23 a niece , daughter Marks. ,hroeder a mece , daughter of Christian Christian Hamann, Hamann 1.23 Marks. Hamann, a nephew, son of or 1336.23 Marks. Heinrich Hamann, a brother, Friedrich Hamann a brother Wilhelm Hamann, a brother, Christia.n Hamann 1/, or 8017.42 Marks. 1 Or 8017.42 Marks. /5 or 8017.42 Marks. -2, -- T -- - -1 -.- .1 i. - Henry rr / ,,., r ,.,,, r,,, I i ~i~~;";""" ,I ia:"::cg I~ j ,:ix "" ""'E "E, i: :," :"" """ EB.: i Ei:T"' Humanm Friedrh an Wilhelm Hamann, brothers, took out their firs papers as Amerian citizens but never completed their natural- ization. William In the United Sta they used the names Frederick C. and respectively. Mrs. Dorar Johannsen , a resident and citizen of Grmny, rema ind there. After the deduction of certain expenses the bands belonging to the above heirs Treuhander living *(Alien United Property States Custodian were turned Germany) over on June 1918. The slung titus turned over credit Frederick William and. Henry Hmann amounted to 8,035.14 Marks fr each. On November 20, 1918, Frederick C. Hamann died and left as his heirs one son, John F. Hamannm, the executor of his estate and claimant herein, and two daughters, Frances C. Simpson and Mabel Za ugg, whom were American citizens through birth marriage before this claim arose. or about Deoember 1918, the son, John F Hamann, employed the attorneys herein, Hendricks and Kokjer, in the probate proceedings upon the estate of his father, Frederick C. Hamann; on January 13, 1919, the son was appointed executor father's estate County Court Saunders County, Nebraska; and on February 1920, the final decree was entered disbursing the estate, but the employment of these attorneys was continued for the purpose of collecting that portion of the estate coming from Germany and to present this claim to this Commission. From October, 1919, September, 19 8, the attorneys conducted considerable correspondence with the claimant herein, with an attor- n.y in Germany, with Honorable McLaughhln, : ,::: e : , E, United States Representative from Nebraska, with the United States Mjej Property Custodian, with the American Agency before this Commis- sion, and with the Department of State of the United States, in an 488 ^"*^*"~~"^^~ 489 letter of September 1928, Secretary State concerning these claims would "be associated with other papers Department files in relation to the particular claim for reference if and when the Department may be in a position to give consideration presentation late claims against Germany Mixed Claims Commission pursuant to the provision of the Settlement of War Claims Act of 1928'." December 1928 United States and Germany entered into an agreement extendin jurisdiction of this Comm ssion rnciuae America.n so-called Agency " late sent claims, these and attorneys on January copies 1929 printed Questionnaire Form No. 2 relating that each heir fill in and return a One month later these attorneys lg to Estate Claims with the request separate set of these questionnaires. forwarded to the American Agency the questionnaire forms duly executed by Henry .and William F Hamann and tI Frederick Hamann the journal entry John Hamann. attorneys in the Hamann With also strict Executor reference forwarded Court. claim three ci Douglas certified County Estate Henry copies Nebraska showing his admission to citizenship, and in the claim of the Estate Frederick Hamann, they likewise forwarded three copies the letters testamentary granted to John F Hamann. Later, on March 1929 these attorneys also forwarded American Agency a copy in German of the will of Johann Friedrich Hamann, a copy in German of the final partition of hi estate certain documents in German forwarded by the German lawyer, and who acted for the estate was probated, and from the German Court before which from Alien Property Custodian in which documents proved the right of Frederick, William, ithe estate Germany, and Henry Hamann to share in the estate of Johann Friedrich Hamann. ... i I IU -.11 , Eng- *L -u I- -, a------ a -a- a -- -n -n. .a ~,,,,, II L 490 -~ a~E~ The claimants and the attorneys were both notified of thi, March 27, 1929. Subsequently the attorneys, on April 2, 19 to John F. Hamann, the claimant herein, as follows: We have just ,received notice from the Mixed Claims Commission S fact on 29, wrote that they have dismissed your claim for the reason that it appears that the Government of Germany not financially obligated under any provisions the treaty with Germany or the rules and the decisions of the Commission. They also notified us that the claim of your uncle William was disa Ilowed, but did not notify us that claim of your uncle Henry Ramanna been disallowed. Re is the only one who was able to furnish proof of citizenship, and we assume that the other claims were dismissed on the grounds that your father and uncle William had not taken out their last citizenship papers. We will take the matter up further with the Commission and see if there is any way that the matters can be given further consideration. The records of this Commission and the information filed by the parties this proceeding show that these attorney per- formed any further services in connection with these claims. The German Agent before this Commission admitted claim of Henry Hamann on September 1929, and on January 1930, an award on his behalf was made this Commission Mr. Henry Hamann has also requested American Commissioner fix a reasonable fee paid him these attorneys, which proceeding still pending and will considered separately m a later decision. After the dismissal by thi claim of John F Commission on March 20, 1929, of the Hamann, Executor of the Estate of Frederick C. Hamann, agent, Huettelmaier, was employed to act the claimant. referring to He wrote the American Agency on February 22, 1930, the dismissal of this claim and asking reconsideration on the ground that-- The three surviving children of said Friedrich (Fritz) Hamann were all born i*r;.k 491 American Agency informed him on March 1930, that Agency will file a motion with the Commission requesting that the order of dismissal heretofore entered be vacated and that the claim considered upon merits. The Agency' letter likewise quested that the agent file two certified copies of the will of Frederick Hamann and documentary evidence establishing a American citizenship of each child. The above evidence was furnished by the agent on April and on May 2, 1930 the Commission to 14, 1930, , the American Agency filed a motion requesting vacate its order of dismissal of March 20, 1929. The explanation given by the Agency for filin motion was that " it now develops that the American Agency inadvertently submitted the claim for dismissal for the reason that it was not impressed with American nationality." The German Agent interposed no objection to thi motion and an agreed statement was the two Government on May 2 signed by the Agents of , 1930, recommending that an award made amount which was subsequently awarded Commission on the basi of thi statement. From the above review of the services rendered, as shown by the information , records of th submitted by the attorneys and the agent and from the Commission, it appears that the attorneys herein, al though proving that Frederick Hamann was entitled to a share of the estate of his the claim on the bas brother, Johann Hamann failed present of the right of the interested parties as Ameri- can citizens to an award for the amount of Frederick C. Hamann share of that estate. The agent was successful having case reopened because of the fact , which he called to the Agency attention , that by opera- tion of law the claim when Mr. Hamann's became impressed children inherited with American nationality interest in the claim in thn vosar SI~i Tha imnnort.nno n-f thi; fnont. inn-fp inntalr h"ia r hipno American naoaity staus of their interest in this claim was established. Although this oversight on the part of attornm the American Agency resulted in a dismal of this cla can Comissioner is of the union, nevertheless, th eys her im, the at the thereby *ein and>r Amen- services of these attorneys rendered prior to the order of dismissal contributed to a certain extent to the successful outcome of this claim after the Commission's order of dismissal had been vacated. In the circumstances, the American Commissioner holds that attorneys, although failing to complete the prosecution of this claim, are nevertheless entitled to participate with the agent in a reasonable fee to be paid by the claimant for services rendered in the prosecution of this claim. fixing the in this case, however must noted that the services rendered by these attorneys in proving Fred erick C. Hanmann's right to a share in the estate of Johann Friedrich Hamann Henry applied Hamann equally to share establishing the right of in that estate, and these claimant attorneys asking for additional compensation for those services in a separate proceeding that case. The value now pending, services as above stated, rendered fixing these their attorneys said agent, as outlined above, is to be determined in accordance with the principles and considerations stated in the American Commissioner's Administrative Decision No. II, rendered August 30, 190, in which certain percentage rates of compensation were adopted as a general standard for attorney's fees for services rendered in '" late" claims of this character. It was also held in that decision that a higher or lower rate will be fixed if justified by the character and actual vake Zr services" rendered and that somewhat larger properly be allowed for services rendered on a contingent oh ar n +iW *hn ooTYa aCannr4 ae ranin^yr nn a ni-onk+rvi rnam h OC " basis I* * I ;;;IBi~ 493 can Commissioner under dates of September 28, 1928, and August 30, 1930, respectively, and after careful examination and full considera- tion of the information furnished in this proceeding by the attorneys, the agent, and the claimant, and by the records of this Commission pertinent thereon. The hundred Imerican dollars questions involved, Commissioner ($400) and decides services after that of t deliberation total attorneys of and four the agent collectively is a reasonable for their services in this case, and, in apportioning this fee between them on the basis of services rendered by them respectively, the American Commissioner fixes as the reasonable fees to be paid by the claimant to the attorneys, Hen- dricks & Kokjer, the sum of agent, one hundred dollars ($100), and to the . Huettelmaier, the sum of three hundred dollars ($300), the said fees to be paid by the claimant and received by the attorneys and agent respectively as full compensation for all services rendered by them in prosecution and collection this claim, as defined in Section 9 of the Settlement of War Claims Act of 1928." Done at Washington, 2Sth day of October 1931. CHANDLER P ANDERSON, United States and Germany. A merican Commissionmer, Mim ed Claims Commission, S, '-- ,l ~' * 4r, 4: ~.t r B~, UNIVERSITY OF FLORIDA 3 1262 08484 1690 i i:: .5 ..* "1. . 4. .zI * ..* 5 4. ,: 1 .* ' *" *. . '74 I "- n .i'1 4.:I 'I., h ~ .***..l S *~";i Cr.ii *" ;" 1z 1 ::i -:i.. 4i ..s. * . |