B-156075, NOV. 2, 1965
Highlights
DORETHA STAGGS: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 2. SANDERS WAS PAID ONE-HALF OF THE ARREARS OF PAY DUE SERGEANT CRUMPLER AT THE DATE OF HIS DEATH. YOU STATE THAT YOU HAVE BEEN APPOINTED ADMINISTRATRIX OF SERGEANT CRUMPLER'S ESTATE BY THE PROBATE COURT OF COLUMBIA COUNTY. THAT SUCH NOTICE WAS SENT TO THE PERSON CLAIMING TO BE SERGEANT CRUMPLER'S WIDOW. IT IS NOTED THAT THE NOTICE PROVIDED IN SECTION 62- 1001. IS A NOTICE TO CREDITORS OF THE ESTATE. IF MARY LOUISE CRUMPLER IS YOUR BROTHER'S WIDOW. SHE IS AN HEIR. AN AMOUNT DUE FROM THE ARMED FORCE OF WHICH HE WAS A MEMBER SHALL BE PAID TO THE PERSON HIGHEST ON THE FOLLOWING LIST LIVING ON THE DATE OF DEATH: "/1) BENEFICIARY DESIGNATED BY HIM IN WRITING TO RECEIVE SUCH AN AMOUNT.
B-156075, NOV. 2, 1965
TO MRS. DORETHA STAGGS:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 2, 1965, CONCERNING THE ARREARS OF PAY AND SIX MONTHS' DEATH GRATUITY IN THE CASE OF YOUR LATE BROTHER, TECHNICAL SERGEANT LEROY CRUMPLER, UNITED STATES AIR FORCE, WHO DIED FEBRUARY 11, 1963.
THE RECORD SHOWS THAT SERGEANT CRUMPLER DESIGNATED HIS FATHER AND HIS SISTER, MRS. LORENE SANDERS, MAGNOLIA, ARKANSAS, AS BENEFICIARIES WITH EACH TO RECEIVE ONE-HALF OF THE AMOUNTS DUE, AND THAT HIS FATHER PREDECEASED HIM. ALSO, THE RECORD INDICATES THAT MRS. SANDERS WAS PAID ONE-HALF OF THE ARREARS OF PAY DUE SERGEANT CRUMPLER AT THE DATE OF HIS DEATH, BUT THAT THE REMAINING ONE-HALF HAS NOT BEEN PAID INASMUCH AS HIS FATHER PREDECEASED HIM. ALSO, SINCE THE RECORD INDICATES THAT SERGEANT CRUMPLER MAY BE SURVIVED BY A WIDOW, NO PAYMENT OF THE DEATH GRATUITY HAS BEEN MADE.
YOU STATE THAT YOU HAVE BEEN APPOINTED ADMINISTRATRIX OF SERGEANT CRUMPLER'S ESTATE BY THE PROBATE COURT OF COLUMBIA COUNTY, ARKANSAS, ON MAY 17, 1965; THAT AS THE RESULT OF PUBLICATION OF AN OFFICIAL NOTICE OF THE ADMINISTRATION OF HIS ESTATE ON MAY 18, 1965, ALL PERSONS HAVING CLAIMS AGAINST THE ESTATE MUST EXHIBIT THEM WITHIN 6 MONTHS FROM THAT DATE; AND THAT SUCH NOTICE WAS SENT TO THE PERSON CLAIMING TO BE SERGEANT CRUMPLER'S WIDOW, MARY LOUISE CRUMPLER, AT HER LAST KNOWN ADDRESS IN NEW JERSEY.
IN THIS CONNECTION, IT IS NOTED THAT THE NOTICE PROVIDED IN SECTION 62- 1001, ARKANSAS STATUTES, 1947, IS A NOTICE TO CREDITORS OF THE ESTATE, NOT TO HEIRS. SEE SECTION 62-1003. IF MARY LOUISE CRUMPLER IS YOUR BROTHER'S WIDOW, SHE IS AN HEIR, NOT A CREDITOR, OF THE ESTATE. YOU REQUEST "AN IMMEDIATE HEARING.'
SECTION 2771, TITLE 10, U.S. CODE, PROVIDES IN PART AS FOLLOWS:
"/A) IN THE SETTLEMENT OF THE ACCOUNTS OF A DECEASED MEMBER OF THE ARMED FORCES WHO DIES AFTER DECEMBER 31, 1955, AN AMOUNT DUE FROM THE ARMED FORCE OF WHICH HE WAS A MEMBER SHALL BE PAID TO THE PERSON HIGHEST ON THE FOLLOWING LIST LIVING ON THE DATE OF DEATH:
"/1) BENEFICIARY DESIGNATED BY HIM IN WRITING TO RECEIVE SUCH AN AMOUNT, IF THE DESIGNATION IS RECEIVED, BEFORE THE DECEASED MEMBER'S DEATH, AT THE PLACE NAMED IN REGULATIONS TO BE PRESCRIBED BY THE SECRETARY CONCERNED.
"/2) SURVIVING SPOUSE.
"/3) CHILDREN AND THEIR DESCENDANTS, BY REPRESENTATION.
"/4) FATHER AND MOTHER IN EQUAL PARTS OR, IF EITHER IS DEAD, THE SURVIVOR.
"/5) LEGAL REPRESENTATIVE.
"/6) PERSON ENTITLED UNDER THE LAW OF THE DOMICILE OF THE DECEASED MEMBER.'
SECTION 1477, TITLE 10, U.S. CODE, PROVIDES WITH RESPECT TO PAYMENT OF THE SIX MONTHS' DEATH GRATUITY TO ELIGIBLE SURVIVORS IN PERTINENT PART AS FOLLOWS:
"/A) A DEATH GRATUITY * * * SHALL BE PAID TO OR FOR THE LIVING SURVIVOR HIGHEST ON THE FOLLOWING LIST:
"/1) HIS SURVIVING SPOUSE.
"/2) HIS CHILDREN * * * IN EQUAL SHARES.
"/3) IF DESIGNATED BY HIM, ANY ONE OR MORE OF THE FOLLOWING PERSONS:
"/A) HIS PARENTS OR PERSONS IN LOCO PARENTIS * * *.
"/B) HIS BROTHERS.
"/C) HIS SISTERS.
"/4) HIS PARENTS OR PERSONS IN LOCO PARENTIS * * * IN EQUAL SHARES.
"/5) HIS BROTHERS AND SISTERS IN EQUAL SHARES.'
IT WILL BE SEEN THAT PAYMENT OF THE ARREARS OF PAY DUE A DECEASED MEMBER OF THE ARMED FORCES MAY BE MADE TO THE LEGAL REPRESENTATIVE OF HIS ESTATE ONLY IF HE IS NOT SURVIVED BY A SPOUSE AND THAT NO PROVISION IS MADE FOR PAYMENT OF THE SIX MONTHS' DEATH GRATUITY TO SUCH LEGAL REPRESENTATIVE. ONE-HALF OF THE ARREARS OF PAY HAS BEEN PAID TO HIS SISTER, LORENE CRUMPLER SANDERS, AS A DESIGNATED BENEFICIARY AND THEREFORE SHE HAS RECEIVED ALL THE ARREARS OF PAY THAT MAY BE PAID TO HER AS DESIGNATED BENEFICIARY. SINCE MARY LOUISE CRUMPLER HAS FILED A CLAIM AS SURVIVING SPOUSE AND THE INFORMATION FURNISHED IN SUPPORT OF SUCH CLAIM RAISES DOUBT AS TO WHETHER YOUR BROTHER WAS MARRIED ON THE DATE OF HIS DEATH, THE INTERESTS OF THE UNITED STATES REQUIRE THAT THE CONFLICTING CLAIMS BE RESOLVED BEFORE PAYMENT OF THE BALANCE OF THE ARREARS OF PAY IS MADE. UNTIL IT IS ESTABLISHED THAT MARY LOUISE CRUMPLER HAS ABANDONED HER CLAIM OR A DETERMINATION IS MADE BY A COURT OF COMPETENT JURISDICTION THAT SHE IS OR IS NOT THE WIDOW OF THE DECEASED MEMBER, NO SETTLEMENT MAY BE MADE BY THIS OFFICE. IN THIS CONNECTION, YOUR ATTENTION IS INVITED TO SECTION 62-1301, ARKANSAS STATUTES, 1947. THE LAST KNOWN ADDRESS OF MARY LOUISE CRUMPLER IS GENERAL DELIVERY, CONWAY, ARKANSAS. THE COURT OF CLAIMS HAS RULED THAT DOUBTFUL CLAIMS AGAINST THE UNITED STATES SHOULD BE DISALLOWED AND THE CLAIMANTS LEFT TO THEIR REMEDIES IN THE COURTS. SEE LONGWILL V. UNITED STATES, 17 CT.CL. 288 (1881) AND CHARLES V. UNITED STATES, 19 CT.CL. 316 (1884).
NO PAYMENT OF THE SIX MONTHS' DEATH GRATUITY MAY BE MADE TO YOU AS LEGAL REPRESENTATIVE OF YOUR LATE BROTHER'S ESTATE. ON THE PRESENT RECORD BEFORE THIS OFFICE NO PAYMENT OF THE BALANCE OF THE ARREARS OF PAY MAY BE MADE TO YOU AS SUCH LEGAL REPRESENTATIVE.
THIS OFFICE HOLDS NO FORMAL HEARINGS AS SUCH. HOWEVER, YOU OR YOUR ATTORNEY MAY PRESENT SUCH EVIDENCE, INFORMATION, OR ARGUMENTS AS YOU MAY DEEM PERTINENT IN WRITING, OR PERSONALLY BEFORE THIS OFFICE AT ANY TIME DURING REGULAR OFFICE HOURS MONDAY THROUGH FRIDAY. ANY EVIDENCE OR ARGUMENTS PRESENTED WILL BE GIVEN CAREFUL CONSIDERATION.