B-123948, SEP. 13, 1955
Highlights
ANNA WHITMAN LOWE: REFERENCE IS MADE TO LETTER DATED AUGUST 13. WOULD HAVE BEEN PAID TO YOU. IS NOT THE CASE. WOULD HAVE BEEN PAID TO HIM. THE DISPOSITION OF WHICH IS GOVERNED BY THE ACT OF FEBRUARY 25. THE SURVIVING WIDOW IS GIVEN PREFERENCE OVER OTHER CLASSES OF HEIRS.
B-123948, SEP. 13, 1955
TO MRS. ANNA WHITMAN LOWE:
REFERENCE IS MADE TO LETTER DATED AUGUST 13, 1955, WRITTEN ON YOUR BEHALF BY MR. GEORGE W. MOORHEAD, FURTHER CONCERNING YOUR CLAIM FOR AN AMOUNT DUE THE ESTATE OF YOUR LATE SON, LAVERE L. LOWE, FORMER ENLISTED MAN, UNITED STATES NAVY.
MR. MOORHEAD URGES THAT YOUR CLAIM BE ALLOWED ON THE BASIS THAT THE AMOUNT INVOLVED REPRESENTS A DEPENDENCY ALLOTMENT WHICH, IF IT HAD BEEN PAID CURRENTLY, WOULD HAVE BEEN PAID TO YOU. THAT, HOWEVER, IS NOT THE CASE. AS WE ATTEMPTED TO EXPLAIN IN OUR DECISION OF AUGUST 5, 1955, TO YOU, THE AMOUNT DUE REPRESENTS BASIC ALLOWANCE IN LIEU OF QUARTERS WHICH ACCRUED TO YOUR SON IN HIS OWN RIGHT AND WHICH, IF IT HAD BEEN PAID CURRENTLY, WOULD HAVE BEEN PAID TO HIM. THE AMOUNT NOW CONSTITUTES AN ASSET OF HIS ESTATE, THE DISPOSITION OF WHICH IS GOVERNED BY THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30. UNDER THAT ACT, IN THE ABSENCE OF A CLAIM FROM A LEGAL REPRESENTATIVE OF THE ESTATE, THE SURVIVING WIDOW IS GIVEN PREFERENCE OVER OTHER CLASSES OF HEIRS. HENCE, MR. MOORHEAD'S LETTER OF AUGUST 13, 1955, PRESENTS NO BASIS FOR MODIFICATION OF THE ACTION TAKEN IN THE DECISION OF AUGUST 5, 1955.