CLAIM OF ALICE SILVEY (WILLIAM SILVEY)
UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF NEW YORK.
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In the Matter
--of--
The Petition of the OCEANIC STEAM
NAVIGATION COMPANY, LIMITED, owner
of the steamship Titanic, in a cause of
limitation of liability.
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TO THE HONORABLE THE JUDGES OF THE
DISTRICT COURT OF THE UNITED STATES FOR THE
SOUTHERN DISTRICT OF NEW YORK:
Alice M. Silvey, as Executrix of William B. Silvey, deceased, by Spencer, Ordway & Wierum, her Proctors, hereby appears in this cause and presents due proof of her claims herein, and alleges as follows:
I. That she is a citizen of the United States and a resident of the City of Duluth , State of Minnesota , and is the Executrix of William B. Silvey, deceased, duly appointed by the Probate Court of St. Louis County, Minnesota, to which Court jurisdiction in that behalf duly appertained, and in such capacity is a person claiming damages for losses; damages and injuries caused by and resulting from the collision of the steamship "Titanic" with an iceberg on April 14th, 1912, and the consequent sinking of said steamship on April 15th, 1912, and that the nature, grounds, items and amount of her claims, the particular dates upon which the same accrued, and what if any credits were given thereon, and what payments if any have been made on account, with a bill of particulars giving the respective dates and amounts thereof are as follows :
For a First Claim:
II. That said William B. Silvey was her husband, and was at and prior to the time of his death a citizen of the United States, and resident of the City of Duluth, State of Minnesota, and was duly and regularly a first cabin passenger from Southampton for New York upon the steamship "Titanic" belonging to the Oceanic Steam Navigation Company, Limited, the petitioner herein, and a British registered Company, on the voyage of said vessel from the said port of Southampton commencing on or about April 10th, 1912. Said SS. "Titanic" was a British vessel, sailing under the British flag. That before and at the time of the collision hereinafter mentioned said William B. Silvey was the owner of and had on board said vessel certain articles of baggage and personal property of the reasonable value of $1,237., as set forth in the schedule hereto annexed and marked "Schedule A".
III. That on April 14th, 1912, in the evening of said day, the said SS. "Titanic" negligently ran into and collided with an iceberg, upon the high seas, and shortly thereafter on the morning of April 15th, and as a consequence thereof, sank; that as a result of said collision and sinking, and of said negligence, and without fault or negligence upon his part or upon the part of this claimant, said William B. Silvey was drowned and lost his life, and his said baggage became and is a total loss. Annexed hereto and marked "Schedule A" is a statement of said William B. Silvey's baggage, with the estimated value of each item thereof, this claimant's which values to the best of knowledge, information and belief, are accurate and reasonable.
IV. That said collision and the loss, damage and injury resulting from said collision occurred by and through the negligence and carelessness of the said SS. "Titanic" and of her owner, the petitioner herein, and by and through the negligence and carelessness of her, and her owner, officers, agents and servants, and without fault or negligence upon the part of said William B. Silvey, deceased, or of this claimant, and by and with the privity and knowledge of the said Oceanic Steam Navigation Company, Limited, the petitioner herein and the owner of said SS. "Titanic".
V. That said William B. Silvey left a last Will and Testament, which was duly admitted to probate by the Probate Court of St. Louis County, Minnesota, the State and County of his residence, to which Court jurisdiction in that behalf duly appertained, and said Alice M. Silvey, this claimant, was duly appointed Executrix thereunder and duly qualified as such, and Letters Testamentary were duly issued to her, and she has been and is now acting in such capacity.
VI. That by reason of the premises and the facts alleged this claimant, as Executrix of said William B. Silvey, deceased, has suffered damages in the sum of $1,237., with interest thereon from April 15, 1912 , no part of which has been paid, though payment thereof has been duly demanded.
VII. That no credits of any kind have been given upon said claim, and no payments made upon account thereof by any one.
VIII. That this claim is made in accordance with a monition issued herein by this Court and dated October 4th, 1912, citing all persons claiming damages for any and all losses, damages or injuries caused by or resulting from said collision and sinking to appear and make due proof of their respective claims on or before January 14th, 1913.
For a Second Claim:
IX. That said William B. Silvey was her husband, and was, at and prior to the time of his death, a citizen of the United States, and a resident of the City of Duluth, State of Minnesota, and was duly and regularly a first cabin passenger from Southampton for New York on the steamship "Titanic" belonging to the Oceanic Steam Navigation Company, Limited, the petitioner herein, and a British registered Company, on the voyage of said vessel from the said port of Southampton commencing on or about April 10th, 1912. Said SS. "Titanic" was a British vessel, sailing under the British flag.
X. That on April 14th, 1912, in the evening of said day, the said steamship "Titanic" negligently ran into and collided with an iceberg, upon the high seas, and shortly thereafter on the morning of April 15th, and as a consequence thereof, sank; that as a result of said collision and sinking and of said negligence, and without fault or negligence on his part or on the part of this claimant, said William B. Silvey was drowned and lost his life.
XI. That said collision and the loss, damage and injury resulting from said collision occurred by and through the negligence and carelessness of the said SS. "Titanic" and of her owner, the petitioner herein, and by and through the negligence and carelessness of her, and her owner officers, agents and servants, and without fault or negligence upon the part of said William B. Silvey, deceased, or of this claimant, and by and with the privity and knowledge of the said Oceanic Steam Navigation Company, Limited, the petitioner herein and the owner of said SS. "Titanic".
XII. That said William B. Silvey left a last Will and Testament, which was duly admitted to probate by the Probate Court of St. Louis County, Minnesota, the State and County of his residence, to which Court jurisdiction in that behalf duly appertained, and said Alice M. Silvey, this claimant, was duly appointed Executrix thereunder and duly qualified as such, and Letters Testamentary were duly issued to her, and she has been and is now acting in such capacity.
XIII. That said William B. Silvey left him surviving a widow, Alice M. Silvey, this claimant, and an only child, a daughter, Alice Melville Silvey, and no wife, parent, child or next of kin except as stated, and this action is brought and this claim made for the benefit of said wife and child, being the sole next of kin of said William B. Silvey, deceased, by and in the name of this claimant as the Executrix of the person deceased.
XIV. That the laws of the United Kingdom of Great Britain and Ireland and of the State of New York give this claimant as aforesaid the right to maintain an action and recover damages for said death, and to file this proof of claim, and are in the following words and figures:
Lord Campbell's Act, 9 and 10 Victoria C.93
(1846).
"Whereas no action at law is now maintainable against a person who, by his wrongful act, neglect or default may have caused the death of another person, and it is oft times right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him:
I. Be it enacted x x x that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to Felony.
II. And be it enacted, That every such action shall be for the benefit of the wife, husband, parent, child, the person whose death shall have been so caused, and shall be brought by and in the name of the executor or administrator of the person deceased, and in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought.
Provided x x that every such action shall be commenced within twelve, calendar months after the death of such deceased person."
New York Code of Civil Procedure:
"§1902. Action for causing death by negligence, etc.
The executor or administrator of a decedent who has left him or her surviving a husband, wife, or next of kin may maintain an action to recover damages for a wrongful act, neglect or default, by which the decedent's death was caused, against a natural person who, or a corporation which, would have been liable to an action in favor of the decedent by reason thereof if death had not ensued. Such an action must be commenced within two years after the decedent's death. When the husband, wife or next of kin do not participate in the estate of decedent, under a will appointing an executor, other than such husband, wife or next of kin, who refuses to bring such action, then such husband, wife or next of kin shall be entitled to have an administrator appointed for the purpose of prosecuting such action for their benefit."
"§1903. Distribution of damages recovered.
The damages recovered in an action brought as prescribed in the last section, are exclusively for the benefit of the decedent's husband or wife, and next of kin; and when they are collected, they must be distributed by the plaintiff, as if they were unbequeathed assets, left in his hands, after payment of all debts, and expenses of administration; subject, however, to the following provision, to wit: In case the decedent shall have left him surviving a wife, or a husband, but no children, the damages recovered shall be for the sole benefit of such wife or husband. The plaintiff may deduct from the recovery the reasonable expenses of the action; the reasonable funeral expenses of the decedent, and his commission, upon the residue; which must be allowed by the surrogate, upon notice, given in such a manner and to such persons, as the surrogate deems proper."
"§1904. Amount of recovery.
"The damages awarded to the plaintiff may be such a sum as the jury, upon a writ of inquiry, or upon a trial, or, where issues of fact are tried without a jury, the court or the referee deems to be a fair and just compensation for the pecuniary injuries, resulting from the decedent's death, to the person or persons, for whose benefit the action is brought. When final judgment for the plaintiff is rendered, the clerk must add to the sum so awarded, interest thereupon from the decedent's death, and include it in the judgment. The inquisition, verdict, report or decision, may specify the day from which interest is to be computed; if it omits so to do, the day may be determined by the clerk, upon affidavits."
XV. That said William B. Silvey was the sole support of said Alice M. Silvey and Alice Melville Silvey, and by reason of the premises and the facts alleged, this claimant and said persons have suffered damages in the sum of One hundred thousand dollars ($100,000.), no part of which has been paid, though payment thereof has been duly demanded.
XVI. That no credits of any kind have been given upon said claim, and no payments made upon account thereof by any one.
XVII. That this claim is made in accordance with a monition issued herein by this Court and dated October 4th, 1912, citing all persons claiming damages for any and all losses, damages or injuries caused by or resulting from said collision and sinking to appear and make due proof of their respective claims on or before January 14th, 1913.
W H E R E F O R E said Alice M. Silvey, as Executrix of William B. Silvey, deceased, hereby claims the sum of $101,237., with interest on $1,237. thereof from April 15, 1912.
Alice M. Silvey (sig.),
As Executrix of William B. Silvey, deceased,
By Spencer, Ordway, Wierum, (sig.)
Her Proctors.
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| STATE OF NEW YORK, | SS: |
| COUNTY OF NEW YORK, |
SOUTHERN DISTRICT OF NEW YORK,
SAMUEL H. ORDWAY, being duly sworn, says: I am one of the Proctors for Alice M. Silvey, as Executrix of William B. Silvey, deceased, the claimant above-named. The foregoing claim is true to the best of my knowledge, information and belief. The sources of my knowledge and information are statements made to me by said Alice M. Silvey, and a certificate of the probate of the last Will of William B. Silvey, deceased, by the Probate Court of St. Louis County, Minnesota, and the appointment of said Alice M. Silvey as Executrix of said William B. Silvey, deceased, by said Court. The reason why this verification is not made by said Alice M. Silvey, as Executrix of William B. Silvey, deceased, is that she is a resident of Duluth , Minnesota , and is not now within the City or State of New York.
| Sworn to before me this | : : Samuel H. Ordway (sig.) : |
| 6th day of January, 1913, |
Sidney M. Tarter sig.
NOTARY PUBLIC,
NEW YORK COUNTY