B-142620, AUG. 10, 1960

B-142620, AUG. 10, 1960

TO MR. WALTER E. DAVISON:

YOUR LETTER OF JULY 26, 1960, REQUESTS CLARIFICATION OF THE STATUS OF YOUR CLAIM, BECAUSE OF INFORMATION GIVEN YOU BY THE ARMY FINANCE CENTER ON MARCH 26, 1960, CONCERNING YOUR WIFE'S CLAIM AS YOUR LEGAL GUARDIAN.

THE PAYMENT APPROVED BY US AND MADE TO YOUR WIFE, TO WHICH YOU REFER, REPRESENTED NET SALARY OF $236.84 DUE FOR THE PAY PERIOD JANUARY 10 TO 23, 1960. THAT AMOUNT WAS ALLOWED HER--- NO CLAIM THEN BEING AT HAND FROM YOU --- SOLELY UPON THE BASIS OF THE LETTERS OF GUARDIANSHIP ISSUED JANUARY 30, 1960, BY THE COUNTY COURT OF PENNINGTON, SOUTH DAKOTA. UPON RECEIPT OF YOUR CLAIM DATED MARCH 22, 1960, HOWEVER, AND FOR THE REASONS STATED IN OUR SEPARATE LETTERS OF JUNE 14, 1960, B 142620, TO EACH OF YOU, THE MATTER OF FURTHER ALLOWANCE OF SALARY DUE YOU UPON EITHER OF THE CONFLICTING CLAIMS BY YOU AND YOUR WIFE HASBEEN WITHHELD, PENDING CLARIFICATION OF THE STATUS OF THE GUARDIANSHIP MATTER WHICH, WE UNDERSTAND, STILL IS PENDING IN THE SAID COUNTY COURT. IN THAT REGARD WE ENCLOSE A COPY OF LETTER DATED JULY 29, 1960, FROM JUDGE KEN C. GRAVES, WHICH, HOWEVER, APPARENTLY DOES NOT CONSTITUTE A FINAL ORDER CLOSING THE MATTER BEFORE HIM UNDER THE LAWS OF SOUTH DAKOTA.

THEREFORE, WE AGAIN URGE YOU TO ADVISE JUDGE GRAVES, AND US, FORTHWITH, AS TO YOUR INTENTIONS REGARDING THE COURT'S INSTRUCTIONS; ALSO THAT IF YOU FEEL YOU NOW ARE COMPETENT WE SUGGEST YOU RETURN TO SOUTH DAKOTA FOR LAWFUL EXAMINATION BY THE COUNTY PSYCHIATRIST IN ORDER THAT SUCH QUESTIONS CONCERNING YOUR COMPETENCY AND THE GUARDIANSHIP OF YOUR ESTATE PROPERLY MAY BE CLOSED.

UNLESS WE HEAR FROM YOU OTHERWISE, OR FROM THE COURT, WITHIN THE NEXT 60 DAYS, WE MAY HAVE NO ALTERNATIVE OTHER THAN TO ALLOW YOUR WIFE'S CLAIM AS THE ADJUDGED LEGAL GUARDIAN OF YOUR ESTATE. MOREOVER, UNDER THE DOMESTIC RELATIONS LAW OF SOUTH DAKOTA--- WHEREIN YOUR MARITAL DOMICILE APPARENTLY BECAME ESTABLISHED--- "IF THE HUSBAND NEGLECT TO MAKE ADEQUATE PROVISION FOR THE SUPPORT OF HIS WIFE, ANY OTHER PERSON MAY IN GOOD FAITH SUPPLY HER WITH REASONABLE NECESSARIES FOR HER SUPPORT AND RECOVER THE REASONABLE VALUE THEREOF FROM THE HUSBAND, EXCEPT IN CASES WHERE BY LAW HE IS NOT LIABLE FOR HER SUPPORT.' SECTION 14.0210, 1939 CODE OF SOUTH DAKOTA; ALSO, SEE SECTIONS 14.0203, 14.0206, AND 14.0209.

WE TRUST THE FOREGOING FURNISHES YOU ADEQUATE INFORMATION CONCERNING THE STATUS OF YOUR CLAIM AND EXPLAINED THE FEDERAL GOVERNMENT'S POSITION IN THE MATTER.