A-92622, APRIL 12, 1938, 17 COMP. GEN. 831

A-92622: Apr 12, 1938

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IS SUPPORTED BY CERTIFIED COPIES OF DEEDS. A COPY OF HIS WILL NAMING CLAIMANT AS SOLE DEVISEE OF HIS "REAL. PRIOR RENTAL PAYMENTS WILL NOT BE CREDITED. IT IS INCUMBENT UPON CLAIMANTS TO FURNISH EVIDENCE SATISFACTORILY ESTABLISHING THEIR CLAIMS AND THE COST OF SUCH EVIDENCE IS NOT A PROPER CHARGE AGAINST THE UNITED STATES. 1938: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE CLAIM OF GRACE F. COVERING THE ALLEGED COST OF CERTIFIED COPIES OF CERTAIN DEEDS AND A WILL SUBMITTED IN SUPPORT OF HER CLAIM. LEASE NUMBERED C1BA 755 WAS ENTERED INTO BETWEEN THE UNITED STATES BY THE CHIEF ENGINEER. WHICH STAKE IS POINT OF BEGINNING OF TRACT HEREIN DESCRIBED. THE LEASE WAS RENEWED FROM YEAR TO YEAR THROUGH AND INCLUDING THE FISCAL YEAR 1938 AND RENTAL PAYMENTS IN THE AMOUNT OF $36.67 WERE MADE TO THE LESSOR FOR THE PERIOD NOVEMBER 1.

A-92622, APRIL 12, 1938, 17 COMP. GEN. 831

CONFLICTING CLAIMS AND COST OF PROCURING EVIDENCE IN SUPPORT OF CLAIMS WHERE CLAIM FOR RENTAL OF LEASED PREMISES BY PERSON CHALLENGING TITLE OF LESSOR, IS SUPPORTED BY CERTIFIED COPIES OF DEEDS, PURPORTING TO SHOW TITLE IN CLAIMANT'S FATHER AT THE TIME OF HIS DEATH, AND A COPY OF HIS WILL NAMING CLAIMANT AS SOLE DEVISEE OF HIS "REAL, PERSONAL, AND MIXED" PROPERTY WITHOUT IDENTIFYING ANY PARTICULAR LAND, BUT THERE HAS NOT BEEN FURNISHED ABSTRACTOR'S CERTIFICATE THAT THESE CONVEYANCES CONSTITUTE ALL ENTRIES OF RECORD, AND LESSOR CLAIMS OWNERSHIP UNDER A PRIOR DEED, THE CONFLICTING CLAIMS AND SUPPORTING STATEMENTS RAISE SUCH DOUBT AS TO THE PARTY ENTITLED TO PAYMENT, THAT NO FURTHER RENTAL PAYMENTS MAY BE MADE TO EITHER PARTY IN THE CIRCUMSTANCES UNLESS THE PARTIES AGREE UPON SETTLEMENT OR COMPOSE THEIR DIFFERENCES, AND PRIOR RENTAL PAYMENTS WILL NOT BE CREDITED. IT IS INCUMBENT UPON CLAIMANTS TO FURNISH EVIDENCE SATISFACTORILY ESTABLISHING THEIR CLAIMS AND THE COST OF SUCH EVIDENCE IS NOT A PROPER CHARGE AGAINST THE UNITED STATES.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, APRIL 12, 1938:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE CLAIM OF GRACE F. ANGELL, PASCOAG, R.I., FOR $46.67, COVERING RENTAL ALLEGED TO BE DUE FOR PREMISES OCCUPIED BY THE DEPARTMENT OF COMMERCE, BUREAU OF AIR COMMERCE, AS BEACON SITE NO. 15, NEW YORK-BOSTON AIRWAY, FOR THE PERIOD BEGINNING NOVEMBER 1, 1932, AND ENDING JUNE 30, 1937, AT $10 PER ANNUM AND FOR $12, COVERING THE ALLEGED COST OF CERTIFIED COPIES OF CERTAIN DEEDS AND A WILL SUBMITTED IN SUPPORT OF HER CLAIM.

IT APPEARS THAT UNDER DATE OF OCTOBER 18, 1932, LEASE NUMBERED C1BA 755 WAS ENTERED INTO BETWEEN THE UNITED STATES BY THE CHIEF ENGINEER, AIRWAYS DIVISION, AND L. A. LOGEE FOR THE TERM BEGINNING NOVEMBER 1, 1932, AND ENDING JUNE 30, 1933, WITH RENEWAL OPTION UNTIL JUNE 30, 1953, AT AN ANNUAL RENTAL OF $10 PER ANNUM FOR PREMISES DESCRIBED AS FOLLOWS:

FROM A STAKE AT THE INTERSECTION OF THE BUCK HILL-WEBSTER ROAD WITH THE BUCK HILL-BRANDY HILL-THOMPSON ROAD LOCATED IN THE TOWN OF BURRILLVILLE, COUNTY OF PROVIDENCE, STATE OF RHODE ISLAND, GO S. 83 DEGREES E. 707 FEET, MORE OR LESS, ALONG SAID BUCK HILL-WEBSTER ROAD, THENCE N. 79 DEGREES 30 MIN. EAST 294 FEET, MORE OR LESS, THENCE N. 68 DEGREES 30 MIN. E. 279 FEET, MORE OR LESS, ALONG SAID ROAD, THENCE N. 52 DEGREES 30 MIN. E. 237 FEET, MORE OR LESS, ALONG SAID ROAD, THENCE N. 35 DEGREES 30 MIN. E. 127 FEET, MORE OR LESS, ALONG SAID ROAD TO A STAKE ON THE NORTHERLY LINE OF SAID ROAD, WHICH STAKE IS POINT OF BEGINNING OF TRACT HEREIN DESCRIBED; THENCE FROM SAID STAKE, POINT OF BEGINNING, GO N. 01 DEGREES 30 MIN. E. 27 FEET, MORE OR LESS, TO A STAKE; THENCE N. 88 DEGREES 30 MIN. W. 50 FEET, MORE OR LESS, TO A STAKE; THEN N. 01 DEGREES 30 MIN. E. 100 FEET, TO A STAKE; THENCE S. 88 DEGREES 30 MIN. E. 100 FEET, MORE OR LESS, TO A STAKE; THENCE S. 01 DEGREES 30 MIN. W. 100 FEET, MORE OR LESS, TO A STAKE; THENCE N. 88 DEGREES 30 MIN. W. 30 FEET, MORE OR LESS, TO A STAKE; THENCE S. 01 DEGREES 30 MIN. W. 27 FEET MORE OR LESS, TO PILE OF STONES ON LINE OF SAID BUCK HILL-WEBSTER ROAD; THENCE N. 88 DEGREES 30 MIN. W. 20 FEET, MORE OR LESS, ALONG SAID ROAD TO STAKE AT POINT OF BEGINNING. SAID TRACT CONTAINING 10,540 FEET, MORE OR LESS, ALL LYING IN SAID TOWN OF BURRILLVILLE, COUNTY OF PROVIDENCE, STATE OF RHODE ISLAND IN LANDS OF L. A. LOGEE.

THE LEASE WAS RENEWED FROM YEAR TO YEAR THROUGH AND INCLUDING THE FISCAL YEAR 1938 AND RENTAL PAYMENTS IN THE AMOUNT OF $36.67 WERE MADE TO THE LESSOR FOR THE PERIOD NOVEMBER 1, 1932, TO JUNE 30, 1936.

IT APPEARS FURTHER THAT BY LETTER DATED OCTOBER 28, 1936, THE PRESENT CLAIMANT REQUESTED THE DISTRICT MANAGER OF THE BUREAU OF AIR COMMERCE AT NEWARK, N.J., FOR INFORMATION RELATIVE TO SUBJECT LEASE AND THE AUTHORITY UNDER WHICH THE LAND WAS OCCUPIED BY THE GOVERNMENT. THEREUPON, AN INVESTIGATION OF THE MATTER WAS INSTITUTED BY THE ADMINISTRATIVE OFFICE AND A SURVEY WAS MADE OF THE SITE COVERED BY THE LEASE. THE PLAT OF SURVEY MADE BY AN ENGINEER OF THE AIRWAYS DIVISION CONTAINS A NOTE AS FOLLOWS:

A. L. LOGEE CLAIMS OWNERSHIP TO LAND BY VIRTUE OF DEED OF PRIOR DATE THAN GRACE F. ANGELL DEED.

AS EVIDENCE THAT THE CLAIMANT HOLDS TITLE TO THE LAND COVERED BY THE LEASE SHE HAS FURNISHED CERTIFIED COPIES OF CERTAIN DEEDS PURPORTING TO SHOW THAT HER FATHER, SYLVESTER ANGELL, DIED IN 1932 SEIZED OF THIS LAND, AND A COPY OF DECEDENT'S WILL WHEREIN THE CLAIMANT IS NAMED AS SOLE SURVIVING HEIR OF SAID DECEDENT.

THE COPIES OF THE DEEDS SUBMITTED COVER LAND DESCRIBED AS FOLLOWS:

* * * THAT TRACT OR PARCEL OF LAND SITUATE IN THE WESTERLY PART OF BURRILLVILLE IN THE STATE OF RHODE ISLAND PURCHASED BY SABIN L. SAYLES OF DANIEL M. SALISBURY, EXECUTOR OF THE LAST WILL AND TESTAMENT OF DOCTOR LEVI EDDY, LATE OF BURRILLVILLE, DECEASED, AND BY SAID SAYLES CONVEYED TO ALFRED HIXON OF SAID CUMBERLAND ON THE EIGHTEENTH DAY OF NOVEMBER A.D. 1850 AND RECORDED IN THE REGISTRY OF DEEDS FOR SAID TOWN OF BURRILLVILLE IN BOOK 9, PAGE 450, SAID TRACT IS BOUNDED AND DESCRIBED AS FOLLOWS, VIZ, BEGINNING AT THE SOUTHWEST CORNER ON THE SOUTH SIDE OF BUCK HILL ROAD, SO- CALLED, A STAKE AND STONES, THENCE N. 6 W. 83 RODS TO A LARGE ROCK AND STONES ON IT, THEN WEST 61 RODS TO A WHITE OAK TREE AND STONES AROUND IT, THENCE SOUTH ABOUT 80 RODS TO BUCK HILL ROAD, AFORESAID, AT A PINE TREE WITH STONES ABOUT IT, THENCE UPON SAID ROAD, TO THE FIRST MENTIONED BOUND, CONTAINING BY ESTIMATION ABOUT FORTY ACRES, BE THE SAME MORE OR LESS WITH ALL THE PRIVILEGES AND APPURTENANCES THERETO BELONGING. * * *

THE PARTIES AND INTERESTS PURPORTED TO BE CONVEYED BY THE DEEDS ARE DESCRIBED AS FOLLOWS:

CHART

DATE OF DEED GRANTOR GRANTEE INTEREST

CONVEYED

MARCH 16, 1852 ----- N. J. SMITH ----- GEORGE W. HERRICK ENTIRE TRACT.

OF CUMBERLAND

FEBRUARY 19, 1898 -- CHARLES F. FRED W. HERRICK 1/3.

HERRICK

OCTOBER 27, 1900 --- GEORGE H. HERRICK FRED W. HERRICK 1/3.

OF CHICAGO, ILL.

OCTOBER 31, 1900 --- LIZZIE A. FRED W. HERRICK 1/3.

REYNOLDS

FEBRUARY 5, 1902 --- FRED W. HERRICK SYLVESTER ANGELL ENTIRE TRACT.

NO ABSTRACTOR'S CERTIFICATE HAS BEEN FURNISHED SHOWING WHETHER THE FOREGOING CONVEYANCES CONSTITUTE ALL ENTRIES OF RECORD.

THE COPY OF THE WILL DOES NOT IDENTIFY ANY PARTICULAR LAND BUT DESIGNATES THE CLAIMANT AS SOLE DEVISEE OF ALL TESTATOR'S ESTATE--- "REAL, PERSONAL, AND MIXED.'

THE EVIDENCE SUBMITTED DOES NOT CLEARLY AND SATISFACTORILY ESTABLISH THAT A VALID FEE SIMPLE TITLE TO THE LAND COVERED BY THE LEASE WAS VESTED IN THE CLAIMANT AT THE TIME OF THE EXECUTION OF THE LEASE OR AT THE PRESENT TIME, OR THAT THE LESSOR IS NOT ENTITLED TO RECEIVE RENTAL PAYMENTS UNDER THE LEASE.

IN ANY EVENT, THE MATTER APPEARS TO INVOLVE A CONFLICT OF CLAIMS AND THE STATEMENTS MADE IN SUPPORT OF SUCH CLAIMS GIVE RISE TO SUCH SERIOUS DOUBT AS TO THE PARTY ENTITLED TO PAYMENT AS NOT TO PROVIDE PROPER ACQUITTANCE TO THE GOVERNMENT SHOULD PAYMENT OF THE ACCRUED RENTAL BE MADE TO EITHER PARTY ON THE PRESENT RECORD. IN THE CIRCUMSTANCES UNLESS THE PARTIES CAN AGREE UPON SETTLEMENT OR COMPOSE THEIR DIFFERENCES NO FURTHER ACTION IN THE MATTER MAY BE TAKEN BY THIS OFFICE, AND RENTAL PAYMENTS WILL NOT BE CREDITED.

WITH RESPECT TO THAT PART OF THE PRESENT CLAIM FOR REIMBURSEMENT OF THE COST OF THE CERTIFIED COPIES OF DEEDS AND WILL, IT MAY BE STATED THAT IT IS INCUMBENT UPON CLAIMANTS TO FURNISH EVIDENCE SATISFACTORILY ESTABLISHING THEIR CLAIMS AND THE COST OF SUCH EVIDENCE IS NOT A PROPER CHARGE AGAINST THE UNITED STATES.