File No. 4033/3.

The Secretary of State to Minister Wilson.

No. 154.]

Sir: It appears from the correspondence with the consulate general at Buenos Aires, of which I inclose copies, that the moneys in an Argentine bank belonging to the estate of the late Frank Bates, who was an American citizen, have been unclaimed for more than one year, and under Argentine laws would now escheat to the Republic.

You are requested to bring this case to the attention of the Argentine Government with the object of obtaining possession of the estate under the provisions of article 9 of our treaty with the Argentine Republic; and if this can not be done, you will request such an exercise of the central power of the Argentine Government as will effect a delay in any proceedings now pending looking toward the forfeiture of the estate, in order that you may communicate with your Government. Meanwhile, in order that the department may be fully and accurately advised concerning the exact situation as to such estates in the Argentine Republic, you will send an early and full report to the department regarding the usual procedure in the administration of the estates of persons dying intestate in that country, covering in such report the general practice regarding the estates of deceased Argentine nationals, and giving fully the procedure concerning the estates of deceased foreigners, both of American and other nationalities. You will report particularly concerning the procedure in the Bates case.

I am, etc.,

E. Root.
[Ihclosure 1.]

Consul General Snyder to the Assistant Secretary of State.

No. 36.]

Sir: Having reference to my No. 16 of December 13, 1906,1 reporting the death of Frank Bates, American citizen, I have the honor to inform you that according to advice received from officials in Mendoza, said Frank Bates left no papers to indicate in any way the address of his relatives in the United States, but I understand that he had only been in this country a short time.

[Page 7]

The attorney of this office informs me that, according to the Argentine law, unless the heirs of an American citizen who dies here present their claims within a year from his decease all moneys left fey him go to the State. Rights and Duties of Consuls (Moore), top of page 120, treats of this question and I respectfully refer you to same. I understand that the law above referred to is still in full force in all that applies to the estates of foreigners dying in this country.

I have, etc.

Alban G. Snyder.
[Inclosure 2.]

The Secretary of State to Consul General Snyder.

No. 47.]

Sir: I have to acknowledge the receipt of your No. 36 of the 23d ultimo relative to the settlement of the estate of the late Frank Bates, who died at Mendoza in November last.

You state that under the laws of the Argentine Republic unless the heir or legal representative of an American citizen dying in that country presents a claim for the estate within a year from the date of death, such estate escheats to the Argentine Government. Under the treaty of 1853 you have the right to intervene in the possession, administration, and judicial liquidation of the estates of American citizens dying within your district for the benefit of the creditors and legal heirs, but only in conformity with the laws of the country. It would appear, therefore, that in the event of the heirs of the late Frank Bates not having presented a claim for the estate at or about the expiration of the statutory year, the matter should then be reported to the department in order that it may suitably instruct our minister to bring the matter to the attention of the Argentine Government.

I am, etc.,

W. J. Carr.

(For the Secretary of State.)
[Inclosure 3.]

Consul General Snyder to the Assistant Secretary of State.

No. 63.]

Sir: Having reference to the department’s No. 47 of July 30, 1907, relative to the settlement of the estate of the late Frank Bates, who died at Mendoza in November last, I have the honor to inform you that a year has now elapsed since the death of the said Frank Bates, and no heirs have presented a claim for the estate.

As stated in my previous dispatch, the laws of the Argentine Republic state that unless the heirs or legal representative of an American citizen dying in this country presents a claim for the estate within a year, the estate escheats to the Argentine Government, and should some attempt be made to settle the estate now the probabilities are that the law will be enforced.

In accordance with your instructions I report the matter in order that suitable action may be taken.

I have, etc.,

Alban G. Snyder.
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