F GN CLAIMS SETTLEMENT COMMISS OF THE UNITED STATES

WASHINGTON 25 D C

CLAIM OJIN THE MATTER 01 THE

CHASE MANHATTAN BANK Successor Claim No CZ-2 452Executor of the ESTATE of JOSEPHINE DOCTOR von HOHENLANGEN Decd

40 Wall Street Decision No CZ-3079 New York 5 New York

Under the International Claims Settlement Act of 1949 as amended

Counsel for Claimant

CHAMBERLIN KAFER WILDS amp JUBE 120 Broadway New York 5 New York

ORDER AND FINAL DECISION

The Commission issued a Proposed Decision on this claim on

February 21 1962 granting an award to ADOLPH SUEHSDORF Jro

Executor of the ESTATE of JOSEPHINE DOCTOR von HOHENLANGEN

Deceased in the amount of $60000 plus interesto No objections

have been filed to the Proposed Decision and on March 7 1962 the

same was entered as the Commissions Final Decisiono

Subsequently the Commission was advised that Adolph Suehsshy

dorf Jro died on January 5 1961 and that under the provisions

of the Last Will of Josephine Doctor von Hohenlangen the Chase

Manhattan Bank of New York was appointed Successor Executor of

her estateo In view of the foregoing the Commission has set

as ide its action of Marc 7 1962 which entered the Proposed

Decision as the Final Decision on the claim and has substituted

the CHASE MANHATTAN BANK of New York as party claimant in the

capacity of Successor Executor of the ESTATE of JOSEPHINE DOCTOR

von HOHENLANGEN in lieu and instead of ADOLPH SUEHSDORF Jr 0

Since no

it i s hereby

- 2 shy

objections have been raised to the Proposed Decision

ORDERED that the Proposed Decision No CZ-3079 of Fepruary 21

1962 as modified hereinabove be entered as the Final Decision on

Claim No CZ-2452 and that the award as restated below be certi shy

fied for payment to the Secretary of the Treasury

AWARD

An award is hereby made to the CHASE MANHATTAN BANK Successor

Executor of the ESTATE OF JOSEPHINE DOCTOR von HOHENLANGEN Deceased

in the principal amount of Sixty Thousand Dollars ($60000) plus

interest thereon at the rate of 6 per annum from December 21 1949

to August 8 1958 the effective date of Title IV of the Act in the

amount of Thirty-one Thousand Sixty-nine Dollars and Eighty Cents

($31 06980) for a total award of Ninety-one Thousand Sixty-nine

Dollars and Eighty Cents ($91 069 80) said award to be exclusively

for the use and benefit of those beneficiaries under the Will of

the said JOSEPHINE DOCTOR von HOHENLANGEN and of the trust created

thereby who were nationals of the United States when their rights

under the said will and trust vested

Dated at Washington D C

JUL 1 ~ 1962 bull

C004ISSIONERS

FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES

WASHINGTON 25 D C shy

IN THE l1ATTER OF THE CLAIM OF

ADOLPH SUEHSDORF1 JR Executor of the Estate or JQSEPBDlE DOCTOR von HOHDILAIGDl Claim No CZ-2452Deceased

16 Norman Road Upper Montclair New Jersey Decision No CZ- 3 -- 7~

Under the International Claims Settlement Act of 1949 as amended

GPO 9 42 3 29

Ceunsel for Claimant

Gscar J Heig Esq 120 Broadway lfew York New York

PHOPQSED DECISIltJi

This is a claim in the a110llllt of fl2750000 against the Government or

Csechoslovalda under Se~ion 404 of Title IV er the International Claims

Settlament Act of 1949 as amended by ADOLPH SUFBSOORF JR Executer or

he Estate or JOSEPHDJE OOCTOR Ton HOHDiLANGEN for the national f sation or

other taldng or preperlr in Czechoslovakia

Section 4poundgt4 of the Act provides inter alia for he determination b7

the CellDlission in accordance with applicable SllbstantiTe law iBcludlng

international law or the validity and aaount or claims by nationals or

tae United States against the GoTernment er Czeoltoslovakia tor losses

reSlllting frobull nationalization or other taldDg on and after Jazmampr1 1

1945 or propert7 inclbulldJng ampD1 rights or interests thereia ovnetl at tlle

tille b7 nationals of the United States

JCBPBIIIC lJOCTOR Ten 110HlllL8IGDI was a aaienal of ae UJdtecl ftampbullbull

hebull A)tril 11 1944 the date or her aatbullralisatiea to her deaJa

Pe9namp17 16 1946 Uacler her ld]J 1 adJdtefi te probate ta tJae 8arre1amptebull

Cut of tae CoUt7 ef lw York ia tae Stae e bull Yerk bull Jae bull 194

-Sbulltbullbullbullt vu aoelaquol maater Md hibull alab ibull JftP-7 la

ObullelloaleTUla terMr17 ovaebull b7 t)le aalcl JUQPMID IOCOamp ftll -wllbullbull

Since no

it i s hereby

- 2 shy

objections have been raised to the Proposed Decision

ORDERED that the Proposed Decision No CZ-3079 of Fepruary 21

1962 as modified hereinabove be entered as the Final Decision on

Claim No CZ-2452 and that the award as restated below be certi shy

fied for payment to the Secretary of the Treasury

AWARD

An award is hereby made to the CHASE MANHATTAN BANK Successor

Executor of the ESTATE OF JOSEPHINE DOCTOR von HOHENLANGEN Deceased

in the principal amount of Sixty Thousand Dollars ($60000) plus

interest thereon at the rate of 6 per annum from December 21 1949

to August 8 1958 the effective date of Title IV of the Act in the

amount of Thirty-one Thousand Sixty-nine Dollars and Eighty Cents

($31 06980) for a total award of Ninety-one Thousand Sixty-nine

Dollars and Eighty Cents ($91 069 80) said award to be exclusively

for the use and benefit of those beneficiaries under the Will of

the said JOSEPHINE DOCTOR von HOHENLANGEN and of the trust created

thereby who were nationals of the United States when their rights

under the said will and trust vested

Dated at Washington D C

JUL 1 ~ 1962 bull

C004ISSIONERS

FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES

WASHINGTON 25 D C shy

IN THE l1ATTER OF THE CLAIM OF

ADOLPH SUEHSDORF1 JR Executor of the Estate or JQSEPBDlE DOCTOR von HOHDILAIGDl Claim No CZ-2452Deceased

16 Norman Road Upper Montclair New Jersey Decision No CZ- 3 -- 7~

Under the International Claims Settlement Act of 1949 as amended

GPO 9 42 3 29

Ceunsel for Claimant

Gscar J Heig Esq 120 Broadway lfew York New York

PHOPQSED DECISIltJi

This is a claim in the a110llllt of fl2750000 against the Government or

Csechoslovalda under Se~ion 404 of Title IV er the International Claims

Settlament Act of 1949 as amended by ADOLPH SUFBSOORF JR Executer or

he Estate or JOSEPHDJE OOCTOR Ton HOHDiLANGEN for the national f sation or

other taldng or preperlr in Czechoslovakia

Section 4poundgt4 of the Act provides inter alia for he determination b7

the CellDlission in accordance with applicable SllbstantiTe law iBcludlng

international law or the validity and aaount or claims by nationals or

tae United States against the GoTernment er Czeoltoslovakia tor losses

reSlllting frobull nationalization or other taldDg on and after Jazmampr1 1

1945 or propert7 inclbulldJng ampD1 rights or interests thereia ovnetl at tlle

tille b7 nationals of the United States

JCBPBIIIC lJOCTOR Ten 110HlllL8IGDI was a aaienal of ae UJdtecl ftampbullbull

hebull A)tril 11 1944 the date or her aatbullralisatiea to her deaJa

Pe9namp17 16 1946 Uacler her ld]J 1 adJdtefi te probate ta tJae 8arre1amptebull

Cut of tae CoUt7 ef lw York ia tae Stae e bull Yerk bull Jae bull 194

-Sbulltbullbullbullt vu aoelaquol maater Md hibull alab ibull JftP-7 la

ObullelloaleTUla terMr17 ovaebull b7 t)le aalcl JUQPMID IOCOamp ftll -wllbullbull

FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES

WASHINGTON 25 D C shy

IN THE l1ATTER OF THE CLAIM OF

ADOLPH SUEHSDORF1 JR Executor of the Estate or JQSEPBDlE DOCTOR von HOHDILAIGDl Claim No CZ-2452Deceased

16 Norman Road Upper Montclair New Jersey Decision No CZ- 3 -- 7~

Under the International Claims Settlement Act of 1949 as amended

GPO 9 42 3 29

Ceunsel for Claimant

Gscar J Heig Esq 120 Broadway lfew York New York

PHOPQSED DECISIltJi

This is a claim in the a110llllt of fl2750000 against the Government or

Csechoslovalda under Se~ion 404 of Title IV er the International Claims

Settlament Act of 1949 as amended by ADOLPH SUFBSOORF JR Executer or

he Estate or JOSEPHDJE OOCTOR Ton HOHDiLANGEN for the national f sation or

other taldng or preperlr in Czechoslovakia

Section 4poundgt4 of the Act provides inter alia for he determination b7

the CellDlission in accordance with applicable SllbstantiTe law iBcludlng

international law or the validity and aaount or claims by nationals or

tae United States against the GoTernment er Czeoltoslovakia tor losses

reSlllting frobull nationalization or other taldDg on and after Jazmampr1 1

1945 or propert7 inclbulldJng ampD1 rights or interests thereia ovnetl at tlle

tille b7 nationals of the United States

JCBPBIIIC lJOCTOR Ten 110HlllL8IGDI was a aaienal of ae UJdtecl ftampbullbull

hebull A)tril 11 1944 the date or her aatbullralisatiea to her deaJa

Pe9namp17 16 1946 Uacler her ld]J 1 adJdtefi te probate ta tJae 8arre1amptebull

Cut of tae CoUt7 ef lw York ia tae Stae e bull Yerk bull Jae bull 194

-Sbulltbullbullbullt vu aoelaquol maater Md hibull alab ibull JftP-7 la

ObullelloaleTUla terMr17 ovaebull b7 t)le aalcl JUQPMID IOCOamp ftll -wllbullbull

- 2 shy

Tbbull bullain part of the ellaim concerns a taxtile weafing aad fbishing

basiness in Hltt81-~enau (Prostredni LanoT) known as Mittellangenauer

Mechanlsche Veberei und Appretur Moritz Doctor The Commission lias 11ampde

an independent investigation of this claim and it reveals that the subject

textile business was owned by the late JOSEPHINE DOCTOR Ton HOIDJjLANGDbull

that in 1940 the business was bullsold by a German tltrasteebull to ene Rudolf

Bohnisoh that the basiness ino1uded real estate and ecpipment as well as

factory inventory and uchinery Such investigation also shows that the

factory had been idle since 1933 and the looms which could be used had been

sold before Bolmisch took over

The Statement of Claim avers that the subject textile factory was

taken OTer (by the Gevernaent or CzechosloTakia) in the smmner or 1946

but no further evidence of nationalization or other taking has been presented

to us In new or the cirC1WDStances already described the probability is

that the textile business was confiscated frobull Bampbnisch as so-ca11ed enemy

property by the Government or Czechoslovakia pursuant to Lav 10845 filbull

JtSaJesi1 of the kind described above by a German utrusteen iD 1940

We made for the most part under tke pressure of national racial or

political persecnition by the German puppet regime then in control or

Czechoslovakia These transactions were inTalidated in 1945 by the postshy

war Czech Government but no provision for automatic restoration o the

former owners title was made A subsequent law (Decree No 1211+h ~)

proTlded a remedy by restittttien proceedings whereby the rigbttul owners

could recover their property HoveTer in soll8 cases sach persons or

vari~s reasons did not seek restitution of tlleir property The Co-1ss10ll

has studied this problem and has oonclbullded that vhere property was traaserred

under 41uress duriDg the waniae oceapation of Cseuos1oTakia and the righthl

owners haTe not sought restitutioa aa in tae instaat claia he propert7

- -

-3shy

sllal 1 be considered as aang been taken b7 tbe GoTembulleat or Ozaohoslnalda y en Deoawher 21 1949

Claibullant asserts that beereWor1d War II the textile basiness llDcler

disaassion had a Talue of 3 to 4 ndJJ1on crcnms The decedent J8SEPHIME

DOCTOR TOD HOHJOIIANGD filed a form TFR-500 with the Treasury Departaent

in 1943 ill which she gaTe the vallie of the subject tenile 0011pamy as

$ll9ooooo However no s11pp0rting eVidence has been s11bmitted to subshy

staatiate these figures

The Germaa salebull in 1940 is reported to have brought a JJprieett

eqaivalent te axgtut $1700000 but this was for a stripped factory which JI

had not operated since 1933 and to a friendly Jtpurchaser fhe investi shy

gation referred to abeve also reveals that Bohnisch the pllrchaser

overhauled or reconditiolled soae of the rema]n1ng looms and reSU11ed operashy

tioa of the business (The factory llad 237 vearlDg looms 95-108 cm wide

ancl S weaving loGas 221 -

cm wide)

On the basis of all tlte eridence and data of record the Comdssion

illds that tae value o the subject textile b11siness was $6000000 and

elMmant is entitled to compensation ill that aunt plus interest for such

taking under Section 494 of the Aat

It is also clajmed that on JllDe 28 1946 the textile nsiness had a

balance or 21047i crovns in the Bebldsche Union Bank in Prape ilt~o11gh

c1aimant has Sllbllitted a cepy o the registration rorm filed in 1945 purshy

suant to Law 9545 ~middot which required registration er bank deposits it is

alleged that the said bank balance was contiscated on Jme 28 1946 tor

fail11re to register However since this bank aooollllt was attmtte~ an

asset of the textile basiness onl7 he basiJaess oollld olaibull it Aooonishy

lbullgl7 we consider the bank acco11Dt as part of the OOJIPampJl1s assets and

4 ieatittion aatioas not alreampQ oonolbulldbulld were erdered to be c1ec1 bullbull or ampDot DeoeDer 21 1949bull

JI Tiabullbullbull ao-oaJ ed Mparuaaerabull were bullnbulllJ7 bullf etludo U u~ebullaJtQ

- -

-3shy

sllal 1 be considered as aang been taken b7 tbe GoTembulleat or Ozaohoslnalda y en Deoawher 21 1949

Claibullant asserts that beereWor1d War II the textile basiness llDcler

disaassion had a Talue of 3 to 4 ndJJ1on crcnms The decedent J8SEPHIME

DOCTOR TOD HOHJOIIANGD filed a form TFR-500 with the Treasury Departaent

in 1943 ill which she gaTe the vallie of the subject tenile 0011pamy as

$ll9ooooo However no s11pp0rting eVidence has been s11bmitted to subshy

staatiate these figures

The Germaa salebull in 1940 is reported to have brought a JJprieett

eqaivalent te axgtut $1700000 but this was for a stripped factory which JI

had not operated since 1933 and to a friendly Jtpurchaser fhe investi shy

gation referred to abeve also reveals that Bohnisch the pllrchaser

overhauled or reconditiolled soae of the rema]n1ng looms and reSU11ed operashy

tioa of the business (The factory llad 237 vearlDg looms 95-108 cm wide

ancl S weaving loGas 221 -

cm wide)

On the basis of all tlte eridence and data of record the Comdssion

illds that tae value o the subject textile b11siness was $6000000 and

elMmant is entitled to compensation ill that aunt plus interest for such

taking under Section 494 of the Aat

It is also clajmed that on JllDe 28 1946 the textile nsiness had a

balance or 21047i crovns in the Bebldsche Union Bank in Prape ilt~o11gh

c1aimant has Sllbllitted a cepy o the registration rorm filed in 1945 purshy

suant to Law 9545 ~middot which required registration er bank deposits it is

alleged that the said bank balance was contiscated on Jme 28 1946 tor

fail11re to register However since this bank aooollllt was attmtte~ an

asset of the textile basiness onl7 he basiJaess oollld olaibull it Aooonishy

lbullgl7 we consider the bank acco11Dt as part of the OOJIPampJl1s assets and

4 ieatittion aatioas not alreampQ oonolbulldbulld were erdered to be c1ec1 bullbull or ampDot DeoeDer 21 1949bull

JI Tiabullbullbull ao-oaJ ed Mparuaaerabull were bullnbulllJ7 bullf etludo U u~ebullaJtQ

-4shy

hampTe incJbullded it in 011r 8Val11ation of the textfie basfness in the preoedlng

paragrapll of this Proposed Decision

It is noted that some of the remaj ndermen Ulder the Will of JOSEPHDE

OOCTOR Ton HOHDnANGDJ and some of the beneficiaries of the trust created

thereby are nonnationals of the United States Section 404 of the Act

was enacted for the benefit of nationals of the United States only and

clajmant as Exeetttor under said will alld sole trustee of said trust is

adjured to disburse the proceeds of any award fiowing from this Proposed

Decision to none ether than United States nationals

AVARD

Ptlrsuant to the prorlsions of Title IV or the International Claims

Settlement Act or 1949 as amended an award is hereby made to AOOLPH

SUERSDORF JR ExeCJUtor of the Estate of JOSEPHINE DOCTOR von HOHDILANGraquol -

in the principal amount of Sixty Thousand Dollars ($60CgtOOOO) plus interest shy

thereon at the rate or 6 per annum from December 21 1949 to August 8

1958 the erfectiTe date of Title IV or the Act in the amount of Thirty-

one Thousand Sixty-nine Dollars and Eighty Cents ($31069SG) for a total

award of Hinety-one Thou~and Sixty-nine Dollars ~d Eighty C~ts ($9106980)

said award to be exclasively ror the use and benefit of those beneficiaries

under the will ef the said JOSEPHDlE DOCTOll Ton HOHERLANGJX and of the

trast created thereby who were nationals of the United States when their

rights under the said will and trust vested

Dated at Wash1 ngton D c BY DIBIOTIOI OF THE OOJIMISSIOI

FEB 211962

1HIS DECISION WAS ENTERED AS bulll14L DECISION ON

Fraaois T llaaterson Cleric of he Qemiasiobull

lHE COMMISSIOBI MAB 7 1962

Clerk of the Commission