Department
of State,
Washington, June 17,
1880.
No. 248.]
The conclusion reached in the particular matter of Mr. Gentil’s estate, and
to some extent on the whole question involved, will be found expressed in
the instruction sent to Mr. Consul-General Walker on the 15th instant, in
reply to the several dispatches and telegrams on the subject received from
him. A copy of that instruction is herewith inclosed for your
information.
[Inclosure in No. 248.]
Mr. Hay to
Consul-General Walker.
Department of State,
Washington, June 15,
1880.
No. 12.]
Sir: Referring to your dispatch of the 9th of
April last, No. 8, in relation to the death of Theodore Gentil, an
American citizen, and the disposition of his effects, I have now to
acknowledge your telegrams of the 29th of the same month and the 9th
instant, and dispatches Nos. 9 and 12 of the 22d and 30th of April, upon
the same subject. A dispatch has also been received from the minister of
the United States at Paris, submitting a correspondence with the French
Government.
In reply to your telegram of the 9th instant, the following dispatch was
sent to you on the 11th instant, viz:
“It is the opinion of the Department that the Gentil case must be decided
by French law. If there is any doubt what the French law is, and you
need counsel, you may employ it.”
* * * * * * *
In the absence of treaty stipulations with France in reference to the
estates of American decedents in that country, it is obvious that no
claim can be maintained to the right of consular officers to take charge
of or to administer upon such estates. The laws of the United States or
the consular regulations can have no operation in this respect within
the territory of France, except as this may be conceded in a spirit of
comity. It is regarded, however, as the duty of a consular officer, even
in the absence of a treaty, to do what he properly can towards securing
the estate of a decedent from loss at the time of the death, and to
co-operate, if this be permitted, with the local authorities to this
end, but he is not entitled to intervene as against the authority of the
competent local officials. He should, however, carefully observe the
proceedings taken in the settlement of an estate, and it is his duty to
report to the Department any acts of administration which he believes to
be likely to defeat a just distribution of the property. The
desirability of providing for the custody and administration by consular
officers of such estates in France is recognized by the Department, and
it is hoped that an opportunity may soon be given for the negotiation of
a convention to that effect.
I am, &c.,
JOHN HAY,
Assistant
Secretary.
