Morning journal and courier., 1892-07-21
AN IMPORTANT DECISION.

The Supreme court Of the State of Penn
sylvania has just reversed the decision of
the Orphans court of the city of Philadel-
phia in the French Spoliation case, which
is of great interest to all who hold such
claims against the government. This de-
cision holds that the funds granted by con-
gress to pay these claims shall be distribu-
ted under the various wills of the claim
ants, and not to the next of kin, reversing
the decision of the Orphans court, which
held that the property should go to the
next of kin.
This decision sustains the opinion of
Judge Robertson, (of our Probate COURT
who decided that the property should be
distributed to the devisees and legatees un-
der the wills of the original claimants, in
the celebrated Lefingwell cases, rather
than to the next of kin. His opinion ex-
cited great deal Of interest at the time,
and the correctness of his judgment can
not now be questioned, inasmuch as the
case before the Supreme court of Pennsyl-
vania was bitterly contested by the ablest
legal talent of that State.
The French Spoliation claims date back
to 1901, when French vessels of war seized
various American ships because the Ameri-
can government woull not assist the
French as provided for in the treaty of
1778, at Paris, between the French and the
thirteen colonies, by which the French
government agreed to protect, defend and
guarantee the possessions of the thirteen
colonies in America to them, and the thir-
teen colonies, in consideration thereof,
agreed to assist France in any future war
in which she might be engaged. At this
time, 1901, all Europe was bound together
against France, and the condition of the
French people under Napoleon, who had just
been appointed first consul, was most
critical. The French, in order to compel
the United States to assist them, seized
American vessels on the ocean, as the
United States refused to carry out the
treaty of 177S. Finally, in 1903, in the
cession of Louisiana, it was provided that
the United States should be released from
the treaty obligations of 1779, by assum-
ing the claims, the United States paying
fifteen millions of dollars to France for
Louisiana, and also assuming the payment
of the French Spoliation claims; and the
French government thereby released the
United States from all claims which it
had against it, or might thereafter have
against it, for assistance because of the
treaty of ITS. These claims became
then claims not against France. but
against the United States of America, and
the claimants have petitioned congress In
vain to pay the claims, until the year 1885,
when an act was passed authorizing their
payment.
Litigation is pending in the States Of
Massachusetts,, Connecticut, Pennsylvania,
and New Jersey to determine whether
the awards of congress In the several
cases are to go to the next of kin, under
the laws of distribution of the several
estates of the original owners, or whether
they are to 60 to the devisees and lega.
tees under the wills of the original own.
srs. This litigation has excited great in.
terest among those who own French
Spoliation claims, and the decision of the
Supreme court Of the State of Pennsyl
vania il the hrst decision of the highest
court of any State to determine to whom
the award shall 60.