A-39526, NOVEMBER 23, 1931, 11 COMP. GEN. 205

A-39526: Nov 23, 1931

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WHO WAS ADMITTED TO THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS. WAS READMITTED TO THE NORTHWESTERN BRANCH AT MILWAUKEE. LEAVING NO HEIRS AT LAW OR NEXT OF KIN AND WITHOUT HAVING MADE A WILL. LEAVING NO KNOWN HEIRS AND NO WILL. YOUR REPORT THAT THE GOVERNOR OF THE NORTHWESTERN HOME TOOK OUT LETTERS OF ADMINISTRATION AND WAS APPOINTED ADMINISTRATOR. INCLUDING MONEY OR CHOSES IN ACTION HELD BY HIM AND NOT DISPOSED OF BY WILL.

A-39526, NOVEMBER 23, 1931, 11 COMP. GEN. 205

ESTATES OF DECEDENTS - MEMBERS OF NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS UPON THE DEATH INTESTATE OF A MEMBER OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS ADMITTED SINCE THE PASSAGE OF THE ACT OF JUNE 25, 1910, 36 STAT. 736, LEAVING NO KNOWN HEIRS AT LAW OR NEXT OF KIN, ALL PERSONAL PROPERTY OF THE DECEASED VESTS IN THE UNITED STATES AS SUCCESSOR IN INTEREST TO THE BOARD OF MANAGERS OF THE HOME SUBJECT TO CLAIM OF HEIRS FOR A PERIOD OF FIVE YEARS AFTER THE DEATH OF THE MEMBER.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, NOVEMBER 23, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 12, 1931, STATING THAT EDWARD F. CUMMINS, WHO WAS ADMITTED TO THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, EASTERN BRANCH, NOVEMBER 4, 1892, WAS READMITTED TO THE NORTHWESTERN BRANCH AT MILWAUKEE, DECEMBER 20, 1923, AT WHICH TIME HE SIGNED AN AGREEMENT AS REQUIRED BY THE ACT OF JUNE 25, 1910, 36 STAT. 736, THAT IN CASE OF DEATH, LEAVING NO HEIRS AT LAW OR NEXT OF KIN AND WITHOUT HAVING MADE A WILL, ALL OF HIS PERSONAL PROPERTY SHOULD PASS TO THE BOARD OF MANAGERS FOR THE BENEFIT OF THE GENERAL POST FUND.

IT APPEARS THAT CUMMINS DIED JUNE 27, 1929, LEAVING NO KNOWN HEIRS AND NO WILL, WITH A PERSONAL ESTATE OF CASH AMOUNTING TO $21.54, A CERTIFICATE OF DEPOSIT FOR $1,400, AND 45 SHARES OF THE WISCONSIN ELECTRIC POWER CO. STOCK HAVING A MARKET VALUE OF $4,950, ALSO, $178.26 CASH IN A LOCAL BANK. YOUR REPORT THAT THE GOVERNOR OF THE NORTHWESTERN HOME TOOK OUT LETTERS OF ADMINISTRATION AND WAS APPOINTED ADMINISTRATOR, BUT THAT THE COURT REFUSED TO AUTHORIZE THE ASSETS TO BE TURNED OVER TO THE POST FUND, HOLDING THAT THEY SHOULD GO TO THE ORPHANS FUND OF THE COUNTY UNDER THE STATE LAW.

THE ACT OF JUNE 25, 1910, 36 STAT. 736, PROVIDES:

HEREAFTER THE APPLICATION OF ANY PERSON FOR MEMBERSHIP IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AND THE ADMISSION OF THE APPLICANT THEREUNDER SHALL BE AND CONSTITUTE A VALID AND BINDING CONTRACT BETWEEN SUCH APPLICANT AND THE BOARD OF MANAGERS OF SAID HOME THAT ON THE DEATH OF SAID APPLICANT WHILE A MEMBER OF SUCH HOME, LEAVING NO HEIRS AT LAW NOR NEXT OF KIN, ALL PERSONAL PROPERTY OWNED BY SUCH APPLICANT AT THE TIME OF HIS DEATH, INCLUDING MONEY OR CHOSES IN ACTION HELD BY HIM AND NOT DISPOSED OF BY WILL, WHETHER SUCH PROPERTY BE THE PROCEEDS OR PENSIONS OR OTHERWISE DERIVED, SHALL VEST IN AND BECOME THE PROPERTY OF SAID BOARD OF MANAGERS FOR THE SOLE USE AND BENEFIT OF THE POST FUND OF SAID HOME, THE PROCEEDS TO BE DISPOSED OF AND DISTRIBUTED AMONG THE SEVERAL BRANCHES AS MAY BE ORDERED BY SAID BOARD OF MANAGERS, AND THAT ALL PERSONAL PROPERTY OF SAID APPLICANT SHALL, UPON HIS DEATH, WHILE A MEMBER, AT ONCE PASS TO AND VEST IN SAID BOARD OF MANAGERS, SUBJECT TO BE RECLAIMED BY ANY LEGATEE OR PERSON ENTITLED TO TAKE THE SAME BY INHERITANCE AT ANY TIME WITHIN FIVE YEARS AFTER THE DEATH OF SUCH MEMBER. * * *

UNDER THE STATUTE IN QUESTION ALL OF THE PERSONAL PROPERTY OF A MEMBER OF THE HOME, UPON HIS DEATH LEAVING NO HEIRS AT LAW OR NEXT OF KIN, VESTS IN THE UNITED STATES AS SUCCESSOR IN INTEREST TO THE BOARD OF MANAGERS OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS (SEE SEC. 3 OF THE ACT OF JULY 3, 1930, 46 STAT. 1016), SUBJECT TO THE CLAIMS OF HEIRS FOR A PERIOD OF FIVE YEARS AFTER THE DEATH OF THE MEMBER. 19 COMP. DEC. 388; 10 COMP. GEN. 322.

THE REFUSAL OF THE COURT TO AUTHORIZE THE DISPOSITION OF THE PROPERTY IN ACCORDANCE WITH THE ACT OF JUNE 25, 1910, HAS BEEN REFERRED TO THE SOLICITOR OF THE TREASURY WITH REQUEST THAT THE PROPER DISTRICT ATTORNEY BE INSTRUCTED TO TAKE THE NECESSARY STEPS TO PROTECT THE INTEREST OF THE UNITED STATES IN THE MATTER.