A-28946, OCTOBER 7, 1929, 9 COMP. GEN. 154

A-28946: Oct 7, 1929

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VOUCHERS EXECUTED IN THE NAME OF AN EXECUTOR OR ADMINISTRATOR OF AN ESTATE CALLING FOR PAYMENT UNDER A CONTRACT OR LEASE WITH THE UNITED STATES WILL BE SUPPORTED BY A STATEMENT THEREON TO THE EFFECT THAT THE EXECUTOR OR ADMINISTRATOR CONTINUES TO SO ACT WITH THE APPROVAL OF THE COURT IN THE ADMINISTRATION OF THE ESTATE. 1929: THERE ARE BEFORE THIS OFFICE CONTRACTS NOS. IT WILL BE NOTED THAT THESE LEASES OR LICENSES ARE MORE THAN 2 YEARS OLD. AS IS WELL KNOWN. THE ESTATES ARE CLOSED AFTER A REASONABLE TIME AND THE EXECUTORS OR ADMINISTRATORS DISCHARGED AFTER ACCOUNTING TO THE COURT APPOINTING THEM. THERE HAVE NOT BEEN FURNISHED THIS OFFICE FOR FILING WITH THE LEASES. NOR HAVE THERE BEEN FURNISHED WITH THE VOUCHERS.

A-28946, OCTOBER 7, 1929, 9 COMP. GEN. 154

CONTRACTS - LEASES - PAYMENTS TO EXECUTORS OR ADMINISTRATORS HEREAFTER, VOUCHERS EXECUTED IN THE NAME OF AN EXECUTOR OR ADMINISTRATOR OF AN ESTATE CALLING FOR PAYMENT UNDER A CONTRACT OR LEASE WITH THE UNITED STATES WILL BE SUPPORTED BY A STATEMENT THEREON TO THE EFFECT THAT THE EXECUTOR OR ADMINISTRATOR CONTINUES TO SO ACT WITH THE APPROVAL OF THE COURT IN THE ADMINISTRATION OF THE ESTATE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, OCTOBER 7, 1929:

THERE ARE BEFORE THIS OFFICE CONTRACTS NOS. C10A-109, DATED JUNE 1, 1927; C10A-145, DATED JUNE 1, 1927; AND C10A-155, DATED OCTOBER 18, 1927, ENTERED INTO BETWEEN THE ASSISTANT SECRETARY OF COMMERCE IN CHARGE OF AVIATION AND THE LEGAL REPRESENTATIVES OF CERTAIN ESTATES FOR THE LEASE OF OR LICENSE TO USE PARCELS OF LAND DESCRIBED THEREIN IN CONNECTION WITH THE AVIATION ACTIVITIES OF THE DEPARTMENT OF COMMERCE. IT WILL BE NOTED THAT THESE LEASES OR LICENSES ARE MORE THAN 2 YEARS OLD.

AS IS WELL KNOWN, EXECUTORS AND ADMINISTRATORS OR OTHER PERSONAL REPRESENTATIVES OF ESTATES DO NOT CONTINUE TO SO ACT INDEFINITELY; ORDINARILY, THE ESTATES ARE CLOSED AFTER A REASONABLE TIME AND THE EXECUTORS OR ADMINISTRATORS DISCHARGED AFTER ACCOUNTING TO THE COURT APPOINTING THEM. THERE HAVE NOT BEEN FURNISHED THIS OFFICE FOR FILING WITH THE LEASES, NOR HAVE THERE BEEN FURNISHED WITH THE VOUCHERS, STATEMENTS IN THESE CASES SHOWING WHETHER THE EXECUTORS OR ADMINISTRATORS ARE CONTINUING TO ACT WITH THE APPROVAL OF THE COURT IN THE ADMINISTRATION OF THE ESTATES; AND IN ORDER THAT THIS OFFICE MAY BE PROPERLY ADVISED IN CONNECTION WITH THE AUDIT AND SETTLEMENT OF ACCOUNTS, IT IS REQUESTED THAT HEREAFTER EACH VOUCHER MAKING PAYMENTS UNDER LEASES OR LICENSES OBTAINED FROM EXECUTORS OR ADMINISTRATORS OF ESTATES, CONTAIN A STATEMENT THEREON SIGNED BY THE APPROVING OFFICER, TO THE EFFECT THAT THE RESPECTIVE ADMINISTRATOR OR EXECUTOR IS CONTINUING TO ACT IN THE ADMINISTRATION OF THE ESTATE.

CONSIDERATION HAS BEEN GIVEN TO THE REQUIREMENTS THAT SUCH STATEMENTS BE FORWARDED AT STATED INTERVALS FOR FILING WITH THE CONTRACTS AND LEASES, BUT IT IS REALIZED THAT THE EXECUTORS OR ADMINISTRATORS MAY CLOSE THE ESTATE AND BE DISCHARGED BY THE COURT AT ANY TIME, AND, IN THE INTEREST OF ALL CONCERNED, IT IS BELIEVED THAT THE BETTER PROCEDURE REQUIRES A STATEMENT ON EACH VOUCHER ON WHICH A PAYMENT IS MADE TO THE PERSONAL REPRESENTATIVE, THAT HE OR SHE IS CONTINUING TO ACT AS EXECUTOR OR ADMINISTRATOR OF THE ESTATE IN QUESTION EVEN THOUGH IT MAY INVOLVE SOME ADDITIONAL WORK.