File No. 4033/3.
The Secretary of State to
Minister Wilson.
Department of State,
Washington, January 21,
1908.
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.,
[Ihclosure 1.]
Consul General Snyder to the Assistant
Secretary of State.
American Consulate General,
Buenos Aires, April 23, 1907.
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.
[Inclosure 2.]
The Secretary of
State to Consul General Snyder.
Department of State,
Washington, July 30,
1907.
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.
American Consulate General,
Buenos Aires, November 14, 1907.
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.,
