The Indianapolis journal., 1896-01-20
UNCLAIMED ESTATES.
They Exist for the Most Part Only I'm
American ImaEinations.


Holland is another country where II Is
supposed by many Americans that vast
estates, from the value OF $i2,O0,000 down,
have been lying unclaimed for the
last two hundred years. and that
nothing is necessary but to de-
mand them at probate office
For the last seventeen years the American
legation at the Hague has notified claim
ants. either directly or through the De-
partment Of State, that there are no
probate courts in Holland. and that wills
are generally deposited in the care or the
notary who draws them up He makes
a duplicate copy, and enters the title and
subject matter under a number IN his regis
ter. which is examined and verified by the
registrar once month. II is evident, where
names. dates, and localities are lacking as
IS generally the case in the communica-
tions Of claimants. that. after the lapse of
one OF two generations, estate can be found
only, IL at all. by extensive advertising. In
1859 the Dutch Parliament established state
commission for the settlement OF claims
on the estates of deceased persons, as well
mission gave notice that all claims to prop
erty then in their hands must be sent in
within i've years and six months, after
which time such estates would eScheat
10 the state The great estate sought for
IN Holland is that OF General Metzgar.
who died about two hundred years ago.
leaving. it is currently supposed, some sl2,-
0o000O. One of the claimants admitted TO
our minister at the Hague that If or
dinary interest were added to the principal
OF this claim, all the European governments
together would be unable to pay 1t, but
that she was willing to wait for the inter-
est. Being discouraged by her reception at
the legation, she presented her claim-which
had been beguilingly drawn up by a French
attorney In the shape OF large pamphlet
In person to the King, at the door of his
palace. In due time she received a reply
from the Finance Minister that the whole
matter had been several times examined
by the courts, and decided adversely to the
Claimants In most of the Dutch claims
the family name alone of the testator is
given, but neither the name, the place OF
death, nor the location of the estate Is sup
piled to assist in tracking 1t. No official no
tice OF unclaimed Dutch estates is ever in
the lists OF unclaimed estates published by
agents are not official sources, as asserted
by them.
Our embassy in Paris does not give the
names OF any claimants of estates. but says
that the number of inquiries is large, and
that In no case has the existence of the sup
been verified. The legislation % Of France se' is
such as to dispose efectually, and without
appeal, of all claims, even IL inherently just
and founded on an actual and known heri-
proven within the period prescribed by the
French statute of limitations. Under French
In the hands of notary, and in searching
for ar estate the usual method is to ad-
dress circular letter to every notary in the
city and department where the estate is like
ly to be, giving the name and date of death
OF the original owner. When there is no
landed estate. the heirs-at-law can divide
the property among themselves without le gal
proceedings If nobody claims an estate
the. state takes il in trust. and the Depart
ment or Justice inserts notices of the fact
In the official journal. The period of pro-
unclaimed :
thirty years from the date of decease after
which all claims are barred. unless some ir-
regularity in the liquidation can be proven.
In Germany there is likewise statute of
limitations. and there. too, not a case Is
known TO our embassy where the existence
or an unclaimed estate has been verified.
AS a rule. the data furnished by claimants
are insufficient to substantiate any claim
or TO Identify the locality of a single estate,
even when the statute of limitations does
not apply to great periods of time elapsing
since the testator'S death. One great draw
back for the claimants is the absence OF all
probate machinery. and the fact that estates
are usually divided amicably among the he RS
without resort to any court, transfers OF
landed estate being made on the land regis
grantor and grantee. Wills have to be de-
posted In a court during the lifetime of the
testator. except in the Rhine provinces,
where viii entirely Photographic is valid.
Wills are opened by the court for interested
parties when they produce a certificate OF
death. or at any rate six weeks after the
have elapsed since deposit of the will with
out Information OF the testator's DEATH the
supposed heirs are summoned by advertise
ment TO appear. If in six months no one
comes forward, the will Is opened, TO ascer-
tain whether charitable institutions are
mentioned in il. III this be the case, such
benefciaries are called upon TO prove the
death Of the testator. The will Is then
closed again. When the fact OF death Is es-
tablshed the will is opened once more, and
published. A certificate of heirship is issued
by the court on adequate proof. If the proof
Is Inadequate. or no heirs come forward, a
further notice OF three months is given in
the Official gazette; and should this receive
no response, the state regards the property
as derelict and takes possession of IL. Even
then. II a rightful heir appears within thirty
years. his title Is acknowledged under GER
tain restrictions. Continued possession by
the state for these thirty years gives a valid
title. IL not disputed In the meantime. in
which case Ii is temporarily In the custody
Of a special official. As there several
hundred courts thus holding estates. IL is
accurately which court holds the estate in
trust As far can be learned by the en-
bassy. after careful inquiry, there Is not at
present any large estate that for more than
thirty years has been awaiting distribution,
and every effort to discover alleged un-
claimed estates has been fruitless. The con-
euls have permission to investigate claims
to estates when their official duties pc mt
and II remuneration for their services be
guaranteed
The Democratic Convention.
W I,