Magnus-Hirschfeld-Gesellschaft - Documents
[Unsettled property claims from the restitution proceedings]
The following notification by the Berlin Regional Court (Landgericht) of 1965 was taken from the restitution proceedings' file. Copies provided by courtesy of Manfred Baumgardt.
Berlin Regional Court (Landgericht)
1 Berlin 30, January 25, 1965Transaction number:
Am Karlsbad 6
External telephone 12 16 11
(Please note on all correspondence.) (144 WGK) 82 WGA 1269/50 (110/60) - (144 WGK) 82 WGA 1270/50 (112/60) - (144 WGK) 82 WGA 1271/50 (114/60) - (144 WGK) 82 WGA 1272/50 (116/60) - (144 WGK) 82 WGA 1277/50 (118/60) - (144 WGK) 82 WGA 1278/50 (120/60) - (144 WGK) 82 WGA 1279/50 (122/60) - (144 WGK) 82 WGA 1280/50 (124/60) - (144 WGK) 82 WGA 1281/50 (126/60) - (144 WGK) 82 WGA 1282/50 (128/60) - (144 WGK) 82 WGA 1284/50 (130/60) - (144 WGK) 82 WGA 1286/50 (132/60) - (144 WGK) 82 WGA 1283/50 (204/60) - (144 WGK) 82 WGA 1285/50 (278/60) [*]
In all of the proceedings stated at the top of this document, the following are herewith consulted as parties entitled to make claims henceforth according to Article 50, Paragraph 5, REAG:
The restitution division notifies the consultants of the following information:
All of the proceedings stated at the top of this document were initiated on the basis of one claim from a non-entitled party received by the main trustee for the reimbursement property on May 15, 1950. All non-entitled parties and their claims in all of the aforementioned proceedings have since received final dismissals.
In the individual proceedings, the following claims made against the German Reich are at issue:
In a further proceeding which has since been terminated finally - (144 WGK) 8 WGA 1276.50 (115.55) -, concerning the real estate at Berlin NW, In den Zelten 9 a, which had formerly belonged to the Dr. Magnus Hirschfeld Foundation, ATO and IRSO have already agreed that the ATO is capable of suing on behalf of the foundation (cf. IRSO document of October 26, 1953 = page 82 of these files, as well as ATO legal documents of September 3, 1953, and September 22, 1953 = pages 69 and 73 of these files).
Accordingly, the real estate at In den Zelten 9 a was also restored to the ATO in these files. In these legal documents, it was further disclosed that the ATO is capable of suing in the proceeding 8 WGA 1283.50 = 144 WGK 204.60 as well as in two further proceedings which are not of interest here.
Based on this, the restitution division requests that both trusteeship companies check whether the claims in all of the aforementioned proceedings could be entrusted to one of the companies (joint confirmation). It would then not be necessary for the restitution division to check whether the claims concern Dr. Magnus Hirschfeld or the Dr. Magnus Hirschfeld Foundation. Furthermore, handling the matter in this way would be practical, especially since the claims thus far appear to be very doubtful, particularly with regard to § 14, Paragraph 3, German Restitution Law (BRüG).
As further information, the restitution division notifies the consultants of the following:
According to Dr. Magnus Hirschfeld's last will and testament, as identified by the enclosed estate files from the AG Charlottenburg - 60 VI 100 and 101.59, his heirs are
Neither of the heirs named has responded to the proceedings to date. The former executor of the will of the estate of Dr. Magnus Hirschfeld, Dr. F. Herzfelder, Esq., Paris, 16 rue Saint Vincent de Paul, reported the following information on January 18, 1965, regarding Karl Giese (page 133 in 144 WGK 110.60):
The other heir, however, was notified by the Berlin restitution office of all of the aforementioned claims. After many attempts, the Berlin restitution office succeeded in ascertaining his address in Switzerland (which was expressly to be kept secret). Despite the fact that Li Shiu Tong was notified via registered mail/return receipt on August 8, 1958, (cf. page 31 in 144 WGK 112.60) that claims had been made by a non-entitled party, he never responded to the proceedings. Registration records in Zurich show that he moved to Hong Kong shortly thereafter. No further contact with him could be established. Applying the principles of the highest restitution court (ORG/A/1966), the trusteeship company which is responsible must therefore also be consulted in the case of Li Shiu Tong, according to Article 50, Paragraph 5, REAO: because, after all, no one can be forced against his will (this follows from his behavior) by a non-entitled party to take legal proceedings.
The individual proceedings mentioned above are still largely unsubstantiated to date. The parties who had advanced the claims had only an order of the Gestapo - E 11/33 - from February 2, 1934 - stating that the items of property named in the individual proceedings were to be confiscated, according to § 1 of the regulation (VO) of February 28, 1933. (cf. pages 18 to 21 in 144 WGK 110.60).
Furthermore, because of the regulation in § 14, Paragraph 3, German Restitution Law (BRüG), it is doubtful whether a trusteeship company can derive claims from one of the aforementioned proceedings. However, because the claims were advanced before June 30, 1950, the restitution division was obligated to consult the trusteeship companies, because only their further report on the matter can provide final clarification on whether natural restitution claims are possible.
In the meantime, the following traces have been conducted:
The trusteeship company which is responsible, or, if no agreement is reached, both trusteeship companies which are responsible, are herewith requested to substantiate henceforth the claims at stake, providing that these claims are not renounced.
The restitution division requests that the proceedings be brought to an end as soon as possible.
Grünler, head of the regional court
[*]Translator's note: WGK = Wiedergutmachungskammer, restitution division of the Berlin regional court (Landgericht). WGA = Wiedergutmachungsamt, restitution office
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