A-45542, A-58143, JANUARY 4, 1935, 14 COMP. GEN. 506

A-45542,A-58143: Jan 4, 1935

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SUMS DUE ESTATES OF RUSSIAN NATIONALS FROM THE UNITED STATES GOVERNMENT WILL BE PAID TO THE LEGAL REPRESENTATIVE OR DECLARED HEIRS OF THE DECEASED BASED ON EVIDENCE PROCURED THROUGH DIPLOMATIC CHANNELS. AS IS THE PRACTICE WITH RESPECT TO ESTATES OF NATIONALS OF OTHER COUNTRIES. YOU WERE ADVISED AS FOLLOWS: THE DECISION OF THIS OFFICE OF NOVEMBER 30. INSOFAR AS MONEY DUE FROM THE UNITED STATES IS CONCERNED. IT IS BELIEVED THE INTERESTS OF THE UNITED STATES AND OF THE BENEFICIARIES UNDER THE WORLD WAR VETERANS' ACT WILL BE PROPERLY PROTECTED BY CONTINUANCE OF THE EXISTING PROCEDURE. PROVIDED THERE BE A SHOWING IN EACH CASE AS TO THE PERSON OR PERSONS IN WHOSE BEHALF THE ADMINISTRATOR IS APPOINTED.

A-45542, A-58143, JANUARY 4, 1935, 14 COMP. GEN. 506

DISTRIBUTION OF ESTATES OF RUSSIAN NATIONALS EXCEPT AS TO CASES IN WHICH AN ADMINISTRATOR IN THE DISTRICT OF COLUMBIA HAS HERETOFORE BEEN APPOINTED, SUMS DUE ESTATES OF RUSSIAN NATIONALS FROM THE UNITED STATES GOVERNMENT WILL BE PAID TO THE LEGAL REPRESENTATIVE OR DECLARED HEIRS OF THE DECEASED BASED ON EVIDENCE PROCURED THROUGH DIPLOMATIC CHANNELS, AS IS THE PRACTICE WITH RESPECT TO ESTATES OF NATIONALS OF OTHER COUNTRIES.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, JANUARY 4, 1935:

IN DECISION OF MARCH 22, 1933, A-45542, CASE OF WAISELLE NIKITIN, A 3, 190,823, XC-746,238, YOU WERE ADVISED AS FOLLOWS:

THE DECISION OF THIS OFFICE OF NOVEMBER 30, 1932, REFUSED TO RECOGNIZE ADMINISTRATION IN THE DISTRICT OF COLUMBIA OF THE ESTATES OF RUSSIAN NATIONALS, FOR THE REASON THAT MONEY DUE FROM THE UNITED STATES HAS NO SITUS IN THE DISTRICT OF COLUMBIA, SO AS TO AUTHORIZE ADMINISTRATION HERE RATHER THAN AT PLACE OF DOMICILE OF THE DECEDENT, THERE HAVING BEEN CITED A NUMBER OF DECISIONS BY THE SUPREME COURT OF THE UNITED STATES. HOWEVER, IN VIEW OF THE ADDITIONAL FACTS APPEARING, SHOWING THE ABSENCE OF ANY PROPER PROBATE PROCEEDINGS IN RUSSIA AND THE APPARENT ASSUMPTION BY THE SUPREME COURT OF THE DISTRICT OF COLUMBIA OF JURISDICTION OVER THE ESTATES OF THE DECEASED NATIONALS OF RUSSIA, INSOFAR AS MONEY DUE FROM THE UNITED STATES IS CONCERNED, IT IS BELIEVED THE INTERESTS OF THE UNITED STATES AND OF THE BENEFICIARIES UNDER THE WORLD WAR VETERANS' ACT WILL BE PROPERLY PROTECTED BY CONTINUANCE OF THE EXISTING PROCEDURE, PROVIDED THERE BE A SHOWING IN EACH CASE AS TO THE PERSON OR PERSONS IN WHOSE BEHALF THE ADMINISTRATOR IS APPOINTED. DECISION OF NOVEMBER 30, 1932, IS MODIFIED ACCORDINGLY.

IN LETTER OF NOVEMBER 30, 1934, CASE OF ARTEM STRUKOVA, XC-695,273, YOU WERE ADVISED AS OLLOWS:

AS THE APPOINTMENT OF AN ADMINISTRATOR BY THE DISTRICT OF COLUMBIA COURT IN THE INSTANT CASE WAS MADE PURSUANT TO THE PROCEDURE APPROVED IN SAID DECISION OF MARCH 22, 1933, AND PRIOR TO ANY CHANGE IN THE RELATIONSHIP BETWEEN THE UNITED STATES AND RUSSIA, PAYMENT WILL NOW BE AUTHORIZED BY SETTLEMENT OF THIS OFFICE IN FAVOR OF LEONARD A. BLOCK, ADMINISTRATOR APPOINTED BY THE DISTRICT OF COLUMBIA COURT.

HOWEVER, IN VIEW OF THE RECOGNITION BY THE UNITED STATES OF THE UNION OF SOVIET SOCIALIST REPUBLICS, IT IS REQUESTED THAT THIS OFFICE BE ADVISED WHAT OBJECTION, IF ANY, THERE WOULD BE FROM THE STANDPOINT OF THE VETERANS' ADMINISTRATION, TO DISCONTINUANCE OF THE PROCEDURE APPROVED IN THE SAID DECISION OF MARCH 22, 1933, AND TO REQUIRE HEREAFTER THAT THE AMOUNTS DUE ESTATES OF RUSSIAN NATIONALS, FOR WHICH NO LEGAL REPRESENTATIVE IS DULY APPOINTED BY RECOGNIZED AUTHORITY IN THAT COUNTRY, BE PAID ONLY THROUGH THE PROPER DIPLOMATIC CHANNELS, AS IS DONE WITH RESPECT TO THE ESTATES OF NATIONALS OF OTHER COUNTRIES. YOUR EARLY ADVICES IN THE MATTER WILL BE APPRECIATED.

IN REPLY THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 15, 1934, AS FOLLOWS:

THE RECEIPT OF YOUR LETTER OF NOVEMBER 30, 1934, RELATIVE TO THE PROCEDURE TO BE FOLLOWED IN CASES INVOLVING AMOUNTS DUE THE ESTATES OF RUSSIAN NATIONALS IS ACKNOWLEDGED.

THIS ADMINISTRATION HAS NO OBJECTION TO DISCONTINUING THE PROCEDURE APPROVED IN YOUR DECISION A-45542, IN THE CASE OF WAISELLE NIKITIN, OF MARCH 22, 1933, AND HEREAFTER WILL MAKE PAYMENT OF THE SUMS DUE ESTATES OF RUSSIAN NATIONALS TO THE LEGAL REPRESENTATIVE OR DECLARED HEIRS OF THE DECEASED BASED ON EVIDENCE PROCURED THROUGH DIPLOMATIC CHANNELS, AS IS THE PRACTICE WITH RESPECT TO ESTATES OF NATIONALS OF OTHER COUNTRIES.

IT IS, HOWEVER, UNDERSTOOD THAT THERE WILL BE NO OBJECTION TO PAYMENT IN ACCORDANCE WITH PROCEDURE APPROVED IN YOUR DECISION A-45542 IN THOSE CASES IN PROCESS OF ADJUDICATION WHEREIN LETTERS OF ADMINISTRATION HAVE HERETOFORE BEEN GRANTED.

ACCORDINGLY, THE PROCEDURE APPROVED IN DECISION OF MARCH 22, 1933, A- 45542, SUPRA, SHOULD BE DISCONTINUED EXCEPT AS TO CASES IN WHICH AN ADMINISTRATOR IN THE DISTRICT OF COLUMBIA HAS HERETOFORE BEEN APPOINTED.