B-113240, MAR. 17, 1966
Highlights
MCCANHAM: REFERENCE IS MADE TO YOUR RECENT LETTER AND THE ACCOMPANYING CERTIFICATE OF DEATH RELATING TO JAMES E. DOES NOT ESTABLISH YOUR ENTITLEMENT TO THE REMAINING SHARE OF THE ESTATE WHICH WAS RESERVED FOR THE SURVIVING FATHER. A COPY OF WHICH WE ARE ENCLOSING. IT WAS INCUMBENT UPON YOU TO ESTABLISH THAT YOUR LATE SON'S FATHER. THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.
B-113240, MAR. 17, 1966
TO MRS. DOROTHY E. MCCANHAM:
REFERENCE IS MADE TO YOUR RECENT LETTER AND THE ACCOMPANYING CERTIFICATE OF DEATH RELATING TO JAMES E. BENNETT, THE FATHER OF YOUR LATE SON, BERT A. BENNETT, RA 16 267 405, REQUESTING FURTHER CONSIDERATION OF THE MATTER DISCUSSED IN OUR DECISION B-113240, DATED FEBRUARY 27, 1953, WITH RESPECT TO THE BALANCE DUE THE ESTATE OF YOUR SON. THE CERTIFICATE OF DEATH DATED NOVEMBER 10, 1965, DOES NOT ESTABLISH YOUR ENTITLEMENT TO THE REMAINING SHARE OF THE ESTATE WHICH WAS RESERVED FOR THE SURVIVING FATHER. IN OUR LETTER OF OCTOBER 5, 1961, A COPY OF WHICH WE ARE ENCLOSING, WE ADVISED YOU THAT IN ORDER FOR YOU TO QUALIFY UNDER THE APPLICABLE FEDERAL STATUTES AS THE SOLE HEIR, IT WAS INCUMBENT UPON YOU TO ESTABLISH THAT YOUR LATE SON'S FATHER, JAMES O. BENNETT, DIED PRIOR TO JANUARY 18, 1951. THE CERTIFICATE OF DEATH SHOWS THAT MR. BENNETT DIED ON OCTOBER 30, 1965, NEARLY 15 YEARS LATER.
SINCE THE EVIDENCE PRESENTED DOESN-T CONFORM TO THE PROOF REQUIRED, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.