B-101738, MAR 26, 1951

B-101738: Mar 26, 1951

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IT IS AVERRED ON STANDARD FORM NO. 1055. WHICH REQUIRES A SHOWING AS TO THE CAPACITY (EXECUTOR OR ADMINISTRATOR) IN WHICH THE CLAIMANT WAS APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE. IF A LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED. TO SUCH AMOUNT AS WAS LEGALLY DUE THE DECEDENT FOR ARMORY DRILL PAY AND FLYING PAY AT THE DATE OF HIS DEATH. IF AN EXECUTOR OR ADMINISTRATOR OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED. PAYMENT IS AUTHORIZED TO BE MADE ONLY TO THE DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE UPON THE ATTACHMENT TO THE SUPPLEMENTAL ARMORY DRILL PAY OF LETTERS TESTAMENTARY OR LETTERS OF ADMINISTRATION EVIDENCING SUCH APPOINTMENT.

B-101738, MAR 26, 1951

PRECIS-UNAVAILABLE

CAPTAIN J. O. HORNBAKER, USAF, DISBURSING OFFICER:

BY LETTER DATED FEBRUARY 27, 1951, THE DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, REFERRED TO THIS OFFICE YOUR LETTER OF DECEMBER 29, 1950, REQUESTING AN ADVANCE DECISION ON THE CLAIM OF BESSIE J. ROSS, WIDOW OF RICHARD L. ROSS, DECEASED, LATE CAPTAIN, GRADE 0-3, 165TH FIGHTER SQUADRON, HEADQUARTERS, 123RD FIGHTER GROUP, KENTUCKY AIR NATIONAL GUARD, FOR ARMORY DRILL PAY AND FLYING PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH, OCTOBER 1, 1950, SUPPORTED BY SUPPLEMENTAL ARMORY DRILL PAY ROLL OF THE SAID ORGANIZATION FOR THE PERIOD FROM AUGUST 1, 1950, TO OCTOBER 9, 1950.

IT IS AVERRED ON STANDARD FORM NO. 1055, EXECUTED BY THE WIDOW, IN HER ANSWER TO PARAGRAPH NO. 1 THEREON, THAT THE DECEDENT DIED TESTATE; HOWEVER, PARAGRAPH 5 THEREOF, WHICH REQUIRES A SHOWING AS TO THE CAPACITY (EXECUTOR OR ADMINISTRATOR) IN WHICH THE CLAIMANT WAS APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, HAS NOT BEEN ANSWERED, PRESUMABLY, THE DECEDENT DIED INTESTATE. IN THAT CONNECTION, HOWEVER, IF A LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED, PAYMENT MAY NOT BE MADE TO ANY OTHER PERSON. SEE INSTRUCTIONS AT THE FOOT OF PAGES 1 AND 2 OF STANDARD FORM NO. 1055. SEE, ALSO, THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, AND PARAGRAPH 12, NGR-59, AS AMENDED BY NGB CIRCULAR NO. 48, DECEMBER 15, 1947.

ACCORDINGLY, IF PARAGRAPH NO. 1 OF STANDARD FORM NO. 1055 BE AMENDED TO SHOW THAT THE DECEDENT DIED INTESTATE, AND PARAGRAPH 6 THEREOF BE COMPLETED, WHERE APPLICABLE, PAYMENT MAY BE MADE TO THE CLAIMANT, AS WIDOW OF RICHARD L. ROSS, DECEASED, TO SUCH AMOUNT AS WAS LEGALLY DUE THE DECEDENT FOR ARMORY DRILL PAY AND FLYING PAY AT THE DATE OF HIS DEATH, IF OTHERWISE CORRECT, NO DETERMINATION BEING MADE HEREIN AS TO THE CORRECT AMOUNT OF SUCH PAYMENT, OR AS TO THE CORRECTNESS OF THE SUPPLEMENTAL PAY ROLL IN OTHER RESPECTS. HOWEVER, IF AN EXECUTOR OR ADMINISTRATOR OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED, PAYMENT IS AUTHORIZED TO BE MADE ONLY TO THE DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE UPON THE ATTACHMENT TO THE SUPPLEMENTAL ARMORY DRILL PAY OF LETTERS TESTAMENTARY OR LETTERS OF ADMINISTRATION EVIDENCING SUCH APPOINTMENT, AND UPON THE SIGNING OF THE SAID SUPPLEMENTAL PAY ROLL AND STANDARD FORM NO. 1055, INCLUDING THE COMPLETION OF PARAGRAPHS 5 AND 6 OF FORM 1055, WHERE APPLICABLE, BY SUCH APPOINTED LEGAL REPRESENTATIVE.