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Authors: Eric Ambler
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the elder J. P. Morgan. A remote, portentous figure who entered and left his office by a private door, he was rarely seen except by other senior partners. George had been presented to him on joining the firm and received a perfunctory handshake. He was very old, much older than Mr. Moreton, but skinny and spry—an energetic bag of bones.He fidgeted with a gold pencil while he listened to Mr. Budd’s disgusted explanation of the position.
“I see,” he said at last. “Well, Harry, what do you want me to do? Retain someone else, I suppose.”
“Yes, John J. I thought that someone like Lieberman might be interested.”
“Maybe he would. What’s the exact value of the estate now?”
Mr. Budd looked at George.
“Four million three hundred thousand, sir,” George said.
Mr. Sistrom pursed his lips. “Let’s see. Federal tax will account for quite a bit. Then, the thing has been held up for over seven years, so the 1943 legislation applies. That means eighty per cent of what’s left to the Commonwealth.”
“If a claimant were to get half a million out of it, he’d be lucky,” said Mr. Budd.
“Half a million free of tax is a lot of money these days, Harry.”
Mr. Budd laughed. Mr. Sistrom turned to George. “What’s your opinion of this Johann Schirmer’s claim, young man?” he asked.
“On the face of it, sir, the claim looks sound to me. A big point in its favour would seem to be the fact that although the intestacy itself comes under the 1917 act, this Schirmer claim would satisfy the tougher provisions of the ’47 act. There’s no question of representation. Friedrich Schirmer was a
first
cousin
and
he survived the old lady.”
Mr. Sistrom nodded. “You agree with that, Harry?”
“Oh, sure. I think Lieberman will be glad to act.”
“Funny things, some of these old inheritances cases,” mused Mr. Sistrom absently. “They make perspectives. A German Dragoon of Napoleon’s time deserts after a battle and has to change his name. Now here we sit, over a hundred years later and four thousand miles away, wondering how to deal witha situation arising out of that old fact.” He smiled vaguely. “It’s an interesting case. You see, we could argue that Friedrich inherited the estate prior to the appointment of the Alien Property Custodian and that it should therefore have descended to Johann Schirmer under the German law. There have been one or two cases of German-Swiss claims against the Custodian which have succeeded. There are all sorts of possibilities.”
“And won’t the papers have fun when they get hold of them!” said Mr. Budd.
“Well, they don’t have to get hold of them, do they? Not for the present anyway.” Mr. Sistrom seemed to have come to a decision. “I don’t think you ought to be too hasty about this business, Harry,” he said. “Naturally, we’re not going to get involved in any newspaper nonsense, but we’re in the possession of certain information that nobody else has access to. We’re in a strong position. I think that before we come to any decision about who’s going to act we ought at least to send someone quietly to Germany to see if this Johann Schirmer can be traced. I don’t like the idea of just letting the Commonwealth take all this money because we can’t be bothered to fight them. If he’s dead and without issue or heir, or we can’t find him, then we can think again. Maybe I’ll just tell the Commonwealth the facts and leave it to them in that case. But if there is some chance that the man may be alive, no matter how slight, we should bend our effort to find him. There is no need to hand over a substantial fee to another firm for doing so. Our charge for services is made irrespective of whether we are successful or not. I see no reason for turning down the opportunity.”
“But, my God, John J.—”
“It’s perfectly ethical for the administrator’s attorneys to endeavour to find the heir and be paid for their efforts.”
“I know
“I see,” he said at last. “Well, Harry, what do you want me to do? Retain someone else, I suppose.”
“Yes, John J. I thought that someone like Lieberman might be interested.”
“Maybe he would. What’s the exact value of the estate now?”
Mr. Budd looked at George.
“Four million three hundred thousand, sir,” George said.
Mr. Sistrom pursed his lips. “Let’s see. Federal tax will account for quite a bit. Then, the thing has been held up for over seven years, so the 1943 legislation applies. That means eighty per cent of what’s left to the Commonwealth.”
“If a claimant were to get half a million out of it, he’d be lucky,” said Mr. Budd.
“Half a million free of tax is a lot of money these days, Harry.”
Mr. Budd laughed. Mr. Sistrom turned to George. “What’s your opinion of this Johann Schirmer’s claim, young man?” he asked.
“On the face of it, sir, the claim looks sound to me. A big point in its favour would seem to be the fact that although the intestacy itself comes under the 1917 act, this Schirmer claim would satisfy the tougher provisions of the ’47 act. There’s no question of representation. Friedrich Schirmer was a
first
cousin
and
he survived the old lady.”
Mr. Sistrom nodded. “You agree with that, Harry?”
“Oh, sure. I think Lieberman will be glad to act.”
“Funny things, some of these old inheritances cases,” mused Mr. Sistrom absently. “They make perspectives. A German Dragoon of Napoleon’s time deserts after a battle and has to change his name. Now here we sit, over a hundred years later and four thousand miles away, wondering how to deal witha situation arising out of that old fact.” He smiled vaguely. “It’s an interesting case. You see, we could argue that Friedrich inherited the estate prior to the appointment of the Alien Property Custodian and that it should therefore have descended to Johann Schirmer under the German law. There have been one or two cases of German-Swiss claims against the Custodian which have succeeded. There are all sorts of possibilities.”
“And won’t the papers have fun when they get hold of them!” said Mr. Budd.
“Well, they don’t have to get hold of them, do they? Not for the present anyway.” Mr. Sistrom seemed to have come to a decision. “I don’t think you ought to be too hasty about this business, Harry,” he said. “Naturally, we’re not going to get involved in any newspaper nonsense, but we’re in the possession of certain information that nobody else has access to. We’re in a strong position. I think that before we come to any decision about who’s going to act we ought at least to send someone quietly to Germany to see if this Johann Schirmer can be traced. I don’t like the idea of just letting the Commonwealth take all this money because we can’t be bothered to fight them. If he’s dead and without issue or heir, or we can’t find him, then we can think again. Maybe I’ll just tell the Commonwealth the facts and leave it to them in that case. But if there is some chance that the man may be alive, no matter how slight, we should bend our effort to find him. There is no need to hand over a substantial fee to another firm for doing so. Our charge for services is made irrespective of whether we are successful or not. I see no reason for turning down the opportunity.”
“But, my God, John J.—”
“It’s perfectly ethical for the administrator’s attorneys to endeavour to find the heir and be paid for their efforts.”
“I know
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