B-100225, OCT. 12, 1961

B-100225: Oct 12, 1961

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WROBEL: REFERENCE IS MADE TO THE LETTER OF SEPTEMBER 15. STATED THAT SINCE YOUR BROTHER LEFT A WILL IN WHICH HE NAMED YOUR SISTER. IN WHICH SHE STATED THAT THE WILL OF YOUR BROTHER HAD BEEN PROBATED AND THAT SHE HAD BEEN APPOINTED EXECUTRIX BY THE COURT. WE HAVE RECEIVED NO REPLY FROM HER NOR COPY OF THE LETTERS TESTAMENTARY. THE AMOUNT DUE THE ESTATE OF THE LATE ANDREW JACOB WROBEL IS APPROXIMATELY $563. WE HAVE IN EFFECT RECOGNIZED THE LETTER OF MRS. IF THE CLAIM IS REASSERTED BY THE EXECUTRIX OF THE DECEDENT'S ESTATE. SUPPORTED BY AN AUTHENTICATED COPY OF THE LETTERS TESTAMENTARY AND A CERTIFICATE OF THE CLERK OF THE PROBATE COURT SHOWING THAT THE APPOINTMENT IS IN FULL FORCE AND EFFECT.

B-100225, OCT. 12, 1961

 

TO MR. ALFRED J. WROBEL:

REFERENCE IS MADE TO THE LETTER OF SEPTEMBER 15, 1961, WRITTEN IN YOUR BEHALF BY MR. LEROY E. STEVENS, ATTORNEY AT LAW, WHICH REQUESTED FURTHER INFORMATION REGARDING THE STATUS OF YOUR CLAIM FOR THE ARREARS OF PAY DUE THE ESTATE OF YOUR BROTHER, THE LATE ANDREW JACOB WROBEL, USNR, WHO DIED FEBRUARY 8, 1945.

THE LETTER REFERS TO OUR DECISION B-100225, DATED JANUARY 31, 1951, IN WHICH WE CITED THE PROVISIONS OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, AS AMENDED, AND STATED THAT SINCE YOUR BROTHER LEFT A WILL IN WHICH HE NAMED YOUR SISTER, STELLA MACKIEWICZ, AS EXECUTRIX OF THE ESTATE, NO DISTRIBUTION OF THE ESTATE MAY BE MADE UNLESS THE DULY APPOINTED EXECUTRIX FILED A CLAIM WITH THIS OFFICE SUPPORTED BY A CERTIFIED COPY OF LETTERS TESTAMENTARY SHOWING SAME TO BE IN FULL FORCE AND EFFECT. WE STATED THAT ON JUNE 9, 1949, WE HAD RECEIVED AN UNDATED LETTER FROM YOUR SISTER, IN WHICH SHE STATED THAT THE WILL OF YOUR BROTHER HAD BEEN PROBATED AND THAT SHE HAD BEEN APPOINTED EXECUTRIX BY THE COURT. BY LETTER OF JULY 21, 1949, WE REQUESTED MRS. MACKIEWICZ TO FORWARD A CERTIFIED COPY OF THE LETTERS TESTAMENTARY EVIDENCING HER APPOINTMENT AS EXECUTRIX. HOWEVER, WE HAVE RECEIVED NO REPLY FROM HER NOR COPY OF THE LETTERS TESTAMENTARY.

THE AMOUNT DUE THE ESTATE OF THE LATE ANDREW JACOB WROBEL IS APPROXIMATELY $563. WE HAVE IN EFFECT RECOGNIZED THE LETTER OF MRS. MACKIEWICZ AS A DEMAND PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, WITHIN THE MEANING OF THE ACT OF FEBRUARY 25, 1946. ACCORDINGLY, IF THE CLAIM IS REASSERTED BY THE EXECUTRIX OF THE DECEDENT'S ESTATE, SUPPORTED BY AN AUTHENTICATED COPY OF THE LETTERS TESTAMENTARY AND A CERTIFICATE OF THE CLERK OF THE PROBATE COURT SHOWING THAT THE APPOINTMENT IS IN FULL FORCE AND EFFECT, THE MATTER WILL RECEIVE PROMPT CONSIDERATION.