B-100866, FEB 16, 1951

B-100866: Feb 16, 1951

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"THAT THERE HAS BEEN NO ADMINISTRATION UPON SUCH ESTATE AND IF THIS CLAIM IS PAID NO ADMINISTRATION WILL BE REQUIRED". THAT HE IS NOT SURVIVED BY A WIDOW. THAT HE IS SURVIVED BY K.M. THAT HIS FUNERAL EXPENSES HAVE BEEN PAID "BY INSURANCE $600. NOTHING APPEARS ON SAID FORM NO. 1055 TO INDICATE WHETHER THE DECEDENT'S NATURAL FATHER IS LIVING OR DECEASED. THERE IS NOTHING ON THE SAID RECEIPT OR ON FORM NO. 1055 TO SHOW BY WHOM THE SAID PAYMENT WAS MADE. WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE. IF THE DECEDENT IS NOT SURVIVED BY A WIDOW. PROVIDED A CLAIM THEREFORE IS PRESENTED BY THE PERSON OR PERSONS WHO ACTUALLY PAID THE SAME BEFORE SETTLEMENT BY THE ACCOUNTING OFFICERS.

B-100866, FEB 16, 1951

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL J.F. MINER, F.C., DISBURSING OFFICER:

BY EIGHTH INDORSEMENT DATED JANUARY 18, 1951, THE CHIEF OF FINANCE FORWARDED TO THIS OFFICE A LETTER DATED NOVEMBER 3, 1950, FROM MAJOR C.E. MYRICK, F.C., DEPUTY, REQUESTING - PRESUMABLY BY YOUR DIRECTION - AN ADVANCE DECISION ON THE CLAIM OF K.M. VESPER, STEPFATHER, AND MRS. IONE A. VESPER, MOTHER, OF GLEN C. VESPER, DECEASED, LATE PRIVATE, CLEARING COMPANY, 116TH MEDICAL BATTALION, WASHINGTON NATIONAL GUARD, FOR ARMORY DRILL PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH, AUGUST 6, 1950, SUPPORTED BY SUPPLEMENTAL ARMORY DRILL PAY ROLL OF THE SAID ORGANIZATION FOR THE PERIOD FROM JUNE 1, 1950, TO AUGUST 31, 1950.

STANDARD FORM NO. 1055, SUBMITTED WITH MAJOR MYRICK'S LETTER, SHOWS THAT THE DECEDENT DIED INTESTATE; "THAT THERE HAS BEEN NO ADMINISTRATION UPON SUCH ESTATE AND IF THIS CLAIM IS PAID NO ADMINISTRATION WILL BE REQUIRED"; THAT HE IS NOT SURVIVED BY A WIDOW, CHILDREN, OR GRANDCHILDREN; THAT HE IS SURVIVED BY K.M. VESPER, HIS STEPFATHER, AND IONE A. VESPER, HIS MOTHER; AND THAT HIS FUNERAL EXPENSES HAVE BEEN PAID "BY INSURANCE $600," FROM FUNDS BELONGING TO THE ESTATE OF THE INTESTATE. NOTHING APPEARS ON SAID FORM NO. 1055 TO INDICATE WHETHER THE DECEDENT'S NATURAL FATHER IS LIVING OR DECEASED. ALSO, THERE HAS BEEN SUBMITTED A RECEIPTED UNDERTAKER'S BILL SHOWING PAYMENT IN FULL IN THE SUM OF $518.45. HOWEVER, THERE IS NOTHING ON THE SAID RECEIPT OR ON FORM NO. 1055 TO SHOW BY WHOM THE SAID PAYMENT WAS MADE.

THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, PROVIDES THAT IN THE SETTLEMENT OF THE ACCOUNTS OF DECEASED OFFICERS OR ENLISTED PERSONS OF THE ARMY, WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, THE ACCOUNTING OFFICERS MAY ALLOW THE AMOUNT FOUND DUE, IF THE DECEDENT IS NOT SURVIVED BY A WIDOW, WIDOWER, OR DESCENDANTS, TO THE FATHER AND MOTHER IN EQUAL PARTS, OR, IF EITHER THE FATHER OR MOTHER BE DEAD, THEN TO THE ONE SURVIVING. ALSO, UNDER THE PROVISIONS OF THAT ACT PAYMENT MAY BE MADE, FROM THE AMOUNT DUE THE DECEDENT'S ESTATE, OF THE DECEDENT'S FUNERAL EXPENSES, PROVIDED A CLAIM THEREFORE IS PRESENTED BY THE PERSON OR PERSONS WHO ACTUALLY PAID THE SAME BEFORE SETTLEMENT BY THE ACCOUNTING OFFICERS. THE SAID STATUTE CONTAINS NO PROVISIONS AUTHORIZING PAYMENT TO A STEPFATHER.

THEREFORE, NO PART OF THE AMOUNT DUE THE DECEDENT'S ESTATE MAY BE PAID TO THE STEPFATHER, AS SUCH. HOWEVER, IF THE SAID STEPFATHER OR SOME OTHER PERSON PAID THE FUNERAL EXPENSES OF THE DECEDENT (FROM PERSONAL FUNDS - PROCEEDS OF INSURANCE POLICY), THE AMOUNT INVOLVED CAN BE PAID TO SUCH PERSON, AS THE PAYER OF THE FUNERAL EXPENSES, UPON THE PRESENTATION OF A CLAIM THEREFOR PROPERLY SUBSTANTIATED, TOGETHER WITH AN EXPLANATION OF THE STATEMENT IN THE SUBMITTED FORM 1055 THAT SUCH FUNERAL EXPENSES HAVE BEEN PAID FROM FUNDS BELONGING TO THE ESTATE OF THE INTESTATE. IF CLAIM IS NOT MADE BY THE STEPFATHER OR SOME OTHER PERSON AS PAYER OF THE FUNERAL EXPENSES, PAYMENT MAY BE MADE ONLY TO THE DECEDENT'S MOTHER, PROVIDED THE DECEDENT'S NATURAL FATHER BE DEAD. HOWEVER, IF THE NATURAL FATHER BE LIVING, THE MOTHER MAY BE PAID ONLY ONE-HALF OF THE AMOUNT DUE THE DECEDENT'S ESTATE, THE REMAINING ONE HALF BEING FOR PAYMENT TO SUCH NATURAL FATHER UPON RECEIPT OF A CLAIM THEREFOR OVER HIS SIGNATURE AND ADDRESS.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, PAYMENT ON THE VOUCHER IS NOT AUTHORIZED, AND THE VOUCHER AND SUPPORTING PAPERS ARE RETAINED IN THIS OFFICE.