The Republican. [volume] (Oakland, Md.) 1877-current, 1896-03-26
ETATEs WITHOUT OWNERS.
Hell In Trust by tho Courts of Foreign
Countries.

vast Estates, from the value of S12, 000,-
900 3wn, have been lying unclaimed
for II last 200 years, and that nothing
is me- ssary but to demand them at
some probate office. For the last II
year, #he American legation al The
HagQ mas notified claimants, either
dired pr through the department of
state there are no probate courts
i'll HI and that wills are generally
depoi p the care of the notary who.
draw MP. He makes a duplicate.
copyl kers the title and s'.bject
matte a number in his register,
which mined and verified ny the
regisIs Gee month. 1t is evident,
where es, dates and localities are
lacklH Is generally the case i'll the
comm lions of claimants, that,
| after apse of one or two genera
tlons, ties can be found only, if at
all, by Densive advertising. In 1859
| the IL 2arliament established a
state &C lssion for the settlement
of cain eon the estates of deceased
| persons,S O. we'll as those against the.
| Cover nnient. This commission gave.
notice THAI all claims to property then
in their / 'Ads must be sent in within
five year u six months, after which
time 81 Eates would escheat to the
stac--cS Tr.eArrfat estate sought for in
Holland is that of Gen. Metzgar who
died about 200 years ago, leaving, as
is currently supposed, some $12 900 900.
One Of the claimants admitted to our
minister at The Hague that if ordinary
interest were added to the principal Of
this claim, all the European govern
ments together would be unable to pay
it, but that she was willing to wait
| for the interest,
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 eX7
istence of the supposed estate or of the
unclaimed fortune been verified. The
| legislation of France is such as to dis
pose etfectually and without appeal of
all claims, even if inherently just and
founded on an actual and known her
| itage, which were not presented and
| proven within the period prescribed by
the French statute of limitations. I'm
der French law the liquidation of es-
tateS is ordinarily in the hands of a
notary, and in searching for an estate
the usual method is to address d circu-
lar letter to every notary in the city and
| department where the estate is likely to
be, giving the name and date of death
of the original owner. When there is
no landed estate the heirs at law can
diviGd the property among themselves
without legal proceedings. If n)body
claims an estate, the state takes it in
trust, and the department of justice in
serts notices of the fact in the official
! Journal. The period of prescription
as regards unclaimed estates is 30 years
from the date of decease, after which all
claims are barred, unless some irregu-
larity in the liquidation can be proven.
In Germany there is likewise a
statute of limitations, and there, too,
not-7t case is known to our embassy
where the existence of an unclaimed es-
tate has been verified. AS rule, the
data furnished by claimants are insult
ficient to substantiate any claim, or
to identify the locality of a single es-
tate, even when the statute of limita
lions does not apply to great periods of
time e!apsing since the testator's death.
One great drawback for the claimants
is the absence of all probate machinery,
and the fact that estates are usually
divided amicably among the heirs with
out resort to any court, transfers of
landed estate being made on the land
register of the locality, in the presence
of the grantor and grantee. Wills
have 10 be deposited in court during
the lifetime of the testator, except i'll
the kline provinces, where a will en-
tirely Photographic is valid. Wills are
opened by the court for interested par
ties when they produce a certificate of
death, or at an; rate six weeks after
the testator's known death. After Sc
years have elapsed since the deposit
of the will without information of the
testaror's death. the supposed hers are
sunni oned by advertisement to appear.
If III * months no one comes forward,
the will is opened to ascertain whether
charitable institutions are mentioned
in it. If this be the case, such bene-
ticiaries are called upon to prove the
death of the testator. The will is then
closed again. When the fact OF death
is established the will is opened once
more and published. A certificate of
heirship is issued by the court on ade-
qua+~ proof. If the proof is inadeqate,
or no heirs come forward, further no.
tice of three months is given in the
official gazette: and should this receive
no response, the state regards the prop
erty us derelict, and takes possession of
it. Isen then, if Tightful heir APP
pears within 30 years, his title is ac-
knowIedged under certain restric-
tons Continued possession by the
state for these 80 years gives a valid
title if not disputed in the meantime,
i'll which case it is temporarily in the
custody of a special official. AS there
are several hundred courts thus holding
estates, it is essential that claimants
should ascertain accurately which
court holds the estate in trust. AS far
as can be learned by the embassy, after
careful inquiry, there is not at pr esent