File No. 6847.
The Ambassador of Austria-Hungary to the Secretary of State.
Washington, May 30, 1907.
Your Excellency: I am informed by my Government that reports have been received from almost all the Austro-Hungarian consulates in the United States to the effect that the local authorities of the various States, with the exception of Michigan, do not give notice to the said consulates of the death within their States of Austrian or Hungarian citizens whose heirs or executors are unknown. On the contrary, cases are continually occurring in which American probate judges either fail to reply to communications from the consulates relating to deaths and estates of Austrian and Hungarian citizens, or else merely acknowledge their receipt or promise to give such notices in future, but neglect to do so.
Inasmuch as, in accordance with Article XVI of the consular cenvention concluded on June 11, 1870, between Austria-Hungary and the United States, “when an Austrian or a Hungarian dies in the United States or an American citizen in Austria or Hungary and the heirs or executors designated by them are unknown, the proper local authorities shall notify this circumstance to the consul or consular agent of the nation to which the deceased belonged, in order that the matter may be immediately communicated to the parties concerned,” I have the honor to avail myself of your excellency’s kind offices in imparting such instructions as you may deem appropriate to the end that the proper authorities of the several States, with the exception of Michigan, may be reminded of the duty [Page 53] to report such matters as stipulated in Article XVI of the aforementioned consular convention.
While further beseeching your excellency to advise me regarding the measures which you have found it necessary to take in compliance with the foregoing request, I embrace this opportunity, etc.