ภาพหน้าหนังสือ
PDF
ePub

the purpose of determining the next of kin to whom distribution would be made. A certain Charles Shankroff, whose address was given as 1119 North Calvert Street, Baltimore, Md., appeared in that proceeding and he is the person to whom we are now referring. The involvement of Mr. Charles Shankroff in that matter is contained in the copy of the partial transcript of testimony taken in that case as enclosed herewith. We do hope that it will be of aid to you.

It is signed by the firm name, by Julius A. Victor, Jr. The reason that I present this matter now is that when Mr. Shankroff appeared before the committee on May 5 to offer testimony with respect to the record, he did not show us qualifications to examine or to interpret court records and he did not show himself to be a lawyer. He did not show himself, in response to the questions of both Senator Watkins and myself, to be a person qualified to offer an opinion of value on the interpretation of such a complex case as that was, of the Baltimore Trust Co. case.

Therefore, the Chair ruled him out of order, that his testimony was incompetent, immaterial, and irrelevant to the matter before the committee.

I did, however, grant him the permission to file this statement which has now been made a part of the record.

Therefore, it is relevant now to insert in the record the document which was transmitted to me by Mr. Victor.

It is a transcript, a partial transcript of the testimony of the meetof distributees held September 29, 1955. It will not be necessary for me to read all of this, but just enough of it to show the manner, the answers of Mr. Shankroff involving the distribution of the estate:

Judge FOSTER. I will ask whether or not there is anyone in the court who is claiming to be next of kin of Nicholas Hall, deceased.

(There was no response.)

Judge FOSTER. Let the record show that there was no response, and also let the record show that no formal claims have been filed on the decedent's docket in the orphans' court.

Mr. VICTOR. That is the case.

Judge FOSTER. Is there anyone else in court who wants to offer any testimony in the meeting of distributees of the estate of Nicholas Hall?

Mr. SHANKROFF. Your Honors, I would like to call your attention-I don't know if there has been

Judge FOSTER. Will you give us your name, please?

Mr. SHANKROFF. Charles Shankroff.

Judge FOSTER. And your address?

Mr. SHANKROFF. 1119 North Calvert Street, Baltimore 2.

Mr. VICTOR. I don't know who this gentleman is.

Mr. SHANKROFF. I don't know if there has been any testimony

Judge FOSTER. Just a minute. Do you wish to qualify in this case?

Mr. SHANKROFF. Well, if it's necessary. I just want to call your attention to

one thing, the death certificate says

Judge FOSTER. Just a minute. Put this man under oath.

Mr. VICTOR. Is he a lawyer; and who does he represent?

Judge FOSTER. Just a minute.

Charles Shankroff, 1119 North Calvert Street, Baltimore, Md., being duly sworn according to law, testified as follows:

Q. 1119 North Calvert?-A. Yes, sir.

Q. How do you spell your last name?-A. S-h-a-n-k-r-o-f-f.

Q. What is your connection with this matter?-A. I have no direct interest in this. I have an inquiry, and I'll explain about that. First, I want to call your attention to the fact that the death certificate says that this decedent, Nicholas Hall, was a widower. Now, the information that I have is that he wasn't a widower. If there has been no correction made here, I think there should be a notation here. He was never married, as I understand.

Mr. VICTOR. I don't know what he is doing in court. Is he a lawyer?

79696-5611

Q. What is your capacity here?-A. Sir?

Q. What capacity are you here in?-A. I have an inquiry from a party in New York, who claims that she was advised by an attorney.

Q. Are you an attorney?—A. No, I am not. I'm trying to show that I am trying to help out, what information that she gives me, that she has consulted attorneys in New York, who have told her

Mr. VICTOR. Do you have a power of attorney?

Q. Do you have a power of attorney?—A. No, sir, I have nothing; I have simply an inquiry and I am trying to help her out, to give her what information I can. Now, she was advised by attorneys in New York that she may not be entitled to anything, for the reason that under the Maryland law, she is a distant relative of Nicholas Hall, and she is beyond the sixth degree. I believe that's what they advised her, so here is a question as to whether she is entitled or not entitled. I don't know anything about that. I don't want to go into that phase, but I am asking-I am trying to give her information. I have inquired of people here, and I have certain information about two brothers of this decedent. I was given the address or the location in Baltimore where the brother died here some 4 or 5 years ago; and I am trying to locate him out to get information from his widow. This brother was married, but he had no children, but he left a widow, and it's a very hard thing to trace. But all I ask is this, that's all I am here for,. I'm asking this court to authorize the administrator, Mr. Flynn, to show me what papers he received after the decedent died. I'm not asking for any working papers or papers which he himself worked up, but only the papers that he received from the estate of Nicholas Hall; and the only purpose of my doing that, is to get all the information I can for this inquiry in New York and the person in New York says she doesn't want to do anything or be involved, and she doesn't want to have any lawyer's expenses, and she wants her name kept out of this thing until she is satisfied that she has good grounds to come into this court. That's all I can say.

I am not going to read the rest of it. It will be made part of the record.

(The documents referred to are as follows:)

STATE OF MARYLAND,

City of Baltimore, to wit:

I hereby certify that on this 20th day of May 1956, before me, a notary public of the State of Maryland, in and for the city of Baltimore aforesaid, personally appeared Julius A. Victor, Jr., the undersigned, after having been duly sworn deposed and said:

That the attached excerpts from the testimony taken in the Orphans' Court of Baltimore City at a meeting of distributees in the matter of the estate of Nicholas Hall, deceased, are true copies of excerpts from the record of testimony in said proceedings.

JULIUS A. VICTOR, Jr.

Subscribed and sworn to before me this 20th day of May 1956. [SEAL]

THOMAS E. ROSSER,

Notary Public.

BALTIMORE, MD., May 18, 1956.

Hon. JOSEPH C. O'MAHONEY,

United States Senate, Washington, D. C. DEAR SIR: This letter is addressed to your attention, as a member of the committee considering the nomination for appointment of the Hon. Simon E. Sobeloff to the vacancy on the bench of the Fourth Circuit Court of Appeals. Several members of this firm have known Mr. Sobeloff for at least a quarter of a century and without detailing our reasons therefor, all of us are most happy in recommending his appointment to the United States appeal bench. Knowing that his supporters are most numerous, we would deem this letter merely supporting his appointment as unnecessary. However, we note by the public press that a certain Charles Shankroff has appeared opposing Mr. Sobeloff and, having had an experience with a person by the same name, we feel that the information which we can furnish concerning him may aid you in evaluating the weight, if any, given to his objections.

On September 29, 1955, a meeting of distributees in the matter of the estate of Nicholas Hall, deceased, was had in the Orphans' Court of Baltimore City,

for the purpose of determining the next-of-kin to whom distribution would be made. A certain Charles Shankroff, whose address was given as 1119 North Calvert Street, Baltimore, Md., appeared in that proceeding and he is the person to whom we are now referring. The involvement of Mr. Charles Shankroff in that matter is contained in the copy of the partial transcript of testimony taken in that case as enclosed herewith. We do hope that it will be of aid to you. Very truly yours,

HARLEY, WHELTLE & VICTOR, By JULIUS A. VICTOR, Jr.

IN THE ORPHANS COURT OF BALTIMORE CITY

IN THE MATTER OF THE ESTATE OF NICHOLAS HALL, DECEASED

PARTIAL TRANSCRIPT OF TESTIMONY OF MEETING OF DISTRIBUTEES HELD ON SEPTEMBER

29, 1955

Judge FOSTER. I will ask whether or not there is anyone in court who is claiming to be next of kin of Nicholas Hall, deceased.

(There was no response).

Judge FOSTER. Let the record show that there was no response, and also let the record show that no formal claims have been filed on the decedent's docket in the Orphans Court.

Mr. VICTOR. That is the case.

Judge FOSTER. Is there anyone else in court who wants to offer any testimony in the meeting of distributees of the estate of Nicholas Hall?

Mr. SHANKROFF. Your Honors, I would like to call your attention-I don't know if there has been

Judge FOSTER. Will you give us your name, please?

Mr. SHANKROFF. Charles Shankroff.

Judge FOSTER. And your address?

Mr. SHANKROFF. 1119 N. Calvert Street, Baltimore 2.

Mr. VICTOR. I don't know who this gentleman is.

Mr. SHANKROFF. I don't know if there has been any testimony

Judge FOSTER. Just a minute. Do you wish to testify in this case?

Mr. SHANKROFF. Well, if it's necessary. I just want to call your attention to one thing, the death certificate says

Judge FOSTER. Just a minute. Put this man under oath.

Mr. VICTOR. Is he a lawyer; and who does he represent?

Judge FOSTER. Just a minute.

Charles Shankroff, 1119 N. Calvert Street, Baltimore, Md., being duly sworn according to law, testified as follows:

By Judge FOSTER:

Q. 1119 North Calvert?-A. Yes, sir.

Q. How do you spell your last name?-A. S-h-a-n-k-r-o-f-f.

Q. What is your connection with this matter?-A. I have no direct interest in this. I have an inquiry, and I'll explain about that. First, I want to call your attention to the fact that the death certificate says that his decedent, Nicholas Hall, was a widower. Now the information that I have is that he wasn't a widower. If there has been no correction made here, I think there should be a notation here. He was never married, as I understand.

Mr. VICTOR. I don't know what he is doing in court. Is he a lawyer?

Q. What is your capacity here?-A. Sir?

Q. What capacity are you here in?-A. I have an inquiry from a party in New York, who claims that she was advised by an attorney.

Q. Are you an attorney?—A. No, I'm not.

I'm trying to show that I am trying to help out, what information that she gives me, that she has consulted attorneys in New York, who have told her

Mr. VICTOR. Do you have a power of attorney?

Q. Do you have a power of attorney?—A. No, sir; I have nothing; I have simply an inquiry and I am trying to help her out, to give her what information I can. Now, she was advised by attorneys in New York that she may not be entitled to anything, for the reason that under the Maryland law, she is a distant relative of Nicholas Hall, and she is beyond the sixth degree. I believe that's what they advised her, so there is a question as to whether she is entitled or not entitled. I don't know anything about that. I don't want to go into that phase, but I am asking—I am trying to give her information. I have inquired of people here, and

I have certain information about two brothers of this decedent. I was given the address or the location in Baltimore where the brother died here some 4 or 5 years ago; and I am trying to locate him out to get information from his widow. This brother was married, but he had no children, but he left a widow, and it's a very hard thing to trace. But all I ask is this, that's all I am here for, I'm asking this court to authorize the administrator, Mr. Flynn, to show me what papers he received after the decedent died. I'm not asking for any working papers or papers which he himself worked up, but only the papers that he received from the estate of Nicholas Hall; and the only purpose of my doing that, is to get all the information I can for this inquiry in New York and the person in New York says she doesn't want to do anything or be involved, and she doesn't want to have any lawyer's expenses, and she wants her name kept out of this thing until she is satisfied that she has good grounds to come into this court. That's all I can say. Q. That's all you want to say?-A. What's that?

Q. That is all you want to say? A. Yes, that's all, except to request that if, as I have been advised by attorneys here, if the administrator of this estate is under the jurisdiction of this court, and that the records of this court are open to the public, then the records that this administrator received should be under the jurisdiction of this court, and should be open to the public; and that's my main inquiry.

Q. I think we can dispose of that very quickly. As I understand Mr. Flynn's testimony, the only papers he found were these passbooks to six various banks; is thta correct, Mr. Flynn?

Mr. FLYNN. That's right, your honor.

Judge FOSTER. And I assume that you have surrendered those books to the banking institution and received the proceeds, which you have deposited in your account?

Mr. FLYNN. Well, your honor, on the savings accounts, I have permitted them to remain there, at interest; and those that were in commercial banks at very low interest, I have transferred to loan associations. The inventory is filed in the court, it's available to anybody that wants to look at it.

Judge FOSTER. As I understand it, the only papers you found were only the passbooks?

Mr. FLYNN. That is stated in the inventory.

By Judge FRIEDMAN:

Q. What is the name of the woman in New York that got in touch with you?A. I'll give it you if you insist on it, but she wanted to be kept out of the proceeding until she is sure that she has a good interest.

Q. What's the name of the woman in New York that called you?-A. Mary Sparrow.

Q. What is her address in New York?-A. I don't recall now. The letter was sent to me sometime ago, and I have been trying to get information. I don't remember the address. It's somewhere in Harlem, N. Y.

Q. If you get this information, where will you write to, in Harlem, N. Y.?— A. Well, I'll get her address and I'll give it to you. I may say this, your honors, insofar as the records, I understand that in addition to the passbooks that were found there, there were income tax statements or other papers that were there, so that there must be some other papers that they found. It's hardly possible that there were no papers found.

Mr. VICTOR. Your honor, I don't know what bearing he has in the case. He hasn't made any claim, he isn't an attorney, he doesn't have a power of attorney to be here.

Judge FOSTER. He was seated here when you asked whether there was any claimant.

Mr. VICTOR. Now, he comes up here for the first time to upset the proceeding. Judge FOSTER. That is right, but our purpose is to try to locate any missing heirs and if this gentleman has any information, we want it.

Mr. VICTOR. We do, too, but it ought to be legitimate. If he has a claim, he ought to file it. I don't think he ought to have a searching party for his own convenience, or someone else's; and he can't give you any address of the other party.

Mrs. JONES. On behalf of the city, I would like to enter an objection to any testimony that has been given thus far by Mr. Shankroff. The records of this court and the testimony given here today have established that there are no heirs, no known heirs, who have made claim, if there are heirs to make claim.

Judge FOSTER. We will overrule your objection, because we want any information we can possibly develop, to show who the next of kin might be, but I am inclined to agree with counsel that this is more in the nature of a fishing expedition.

Mr. VICTOR. That is right.

Judge FOSTER. More so than on the basis of developing information.

Mr. VICTOR. And I think this gentleman is one who goes around and does that work; he is here often.

The WITNESS. May I say this? The neighbors that I spoke with of this decedent, he was supposed to have 7 brothers; now, 2 brothers appear in the city directory of Baltimore, one was John Hall and one Caleb Hall.

Mr. VICTOR. Now, I object to that.

The WITNESS. Now, Caleb Hall

Mr. VICTOR. He is testifying.

The WITNESs. May I just finish this?

Mr. VICTOR. That has nothing to do with the case.

The WITNESS. Caleb Hall, some years ago I don't remember the date, some 3 or 4 years ago or more, he was struck by an automobile in Baltimore City and he survived the accident; but as a result of this injury, that he received, he died. He left a widow, but he had no children.

Mr. FLYNN. Your honor, if I may interject myself, the widow would have no standing in the case.

Judge FOSTER. Absolutely none.

Mr. FLYNN. So, I don't see where he represents anybody who would be entitled to share. Personally, I don't care, if we can find some relatives, I wish they would appear, but I don't believe this gentleman should come in here on a fishing expedition; and the experience we had in this court before with him in a matter, It held the estate up for almost a year.

Judge FOSTER. Well, we are not going to permit that here.

By Judge FoSTER:

Q. Mr. Shankroff, do you have any information as to the next of kin of Nicholas Hall: We will beglad to have that evidence presented to this court, but what are attempting to offer into evidence today, does not contribute anything to this proceeding.— A. Well, these two people, John Hall, alleged brother of Nicholas Hall, and Caleb, brother, the brother of Nicholas Hall, appear in the city directory at the same address where Nicholas Hall lived at the time. He lived, at one time, in South Sharp Street in Baltimore City, he lived on Tyson Street.

Q. That's all very interesting, but what we want is the whereabouts of any next of kin.-A. That's what I am trying to develop. I am trying to get a question from the other side. I was directed to see certain people in Baltimore, and I haven't been able to see them, but I am asking today-I'm not asking for anything else, I'm not asking for a continuance, but all I ask is any papers that Mr. Flynn has, up to the time of the decedent's death, the papers that belong to the decedent, I would like to see them. I think it is part of the record of this court. Mr. VICTOR. Your Honor, by what authority does this man have, to come in and ask for any papers or anything?

Judge FOSTER. No authority.

Mr. FLYNN. Anybody off the street can come in here and make the same request, your Honor.

Mr. VICTOR. He has no authority to be in this courtroom today, except as a spectator. He doesn't represent anybody, he didn't file any claim, and he comes in to interrupt the court proceeding. We want to get the legitimate heirs, I know your Honors want to get the legitimate heirs, but this gentleman is just on a fishing expedition; and he comes in here every time you have one of these cases, he comes in and claims that he represents someone. No power of attorney, or anything.

The WITNESS. It's a peculiar thing, I'm not an attorney, so I can't represent anybody. I came to Mr. Flynn the day after Labor Day and asked him for permission to look at the papers that he received after the decedent's death, and he said he would show me the papers only on an order of the court. So, therefore, I waited until this opportunity, came up and I'm here. Now, so far as the statement by Mr. Flynn, I think it is

Mr. VICTOR. Victor, is my name.

The WITNESS. So far as this gentleman said that I have appeared and held up the cases in court, I don't know of any occasion that I appeared to hold up any cases. This is the first time that I appeared in the orphans court in a matter of this kind.

« ก่อนหน้าดำเนินการต่อ
 »