B-106807, JANUARY 2, 1952, 31 COMP. GEN. 244

B-106807: Jan 2, 1952

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DECEDENTS' ESTATES - PAY - NATIONAL GUARD DRILL AND FIELD TRAINING PAY WHERE A CLAIM SUBMITTED BY THE FATHER OF A DECEASED MEMBER OF THE NATIONAL GUARD FOR ARMORY DRILL AND FIELD TRAINING PAY INDICATES THAT A LEGAL REPRESENTATIVE WILL BE APPOINTED. PAYMENT THEREOF TO THE CLAIMANT IS NOT AUTHORIZED UNDER THE ACT OF JUNE 30. UNLESS IT BE ESTABLISHED THAT A LEGAL REPRESENTATIVE WILL NOT IN FACT BE APPOINTED. THAT A LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED. IF A LEGAL REPRESENTATIVE HAS BEEN OR WILL BE APPOINTED. ARE RETURNED HEREWITH. IS AUTHORIZED TO BE MADE ONLY TO SUCH DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE UPON THE ATTACHMENT TO THE SUPPLEMENTAL ARMORY DRILL AND FIELD TRAINING PAY ROLLS OF PROPERLY AUTHENTICATED CERTIFICATES OR COPIES OF THE APPOINTMENT.

B-106807, JANUARY 2, 1952, 31 COMP. GEN. 244

DECEDENTS' ESTATES - PAY - NATIONAL GUARD DRILL AND FIELD TRAINING PAY WHERE A CLAIM SUBMITTED BY THE FATHER OF A DECEASED MEMBER OF THE NATIONAL GUARD FOR ARMORY DRILL AND FIELD TRAINING PAY INDICATES THAT A LEGAL REPRESENTATIVE WILL BE APPOINTED, PAYMENT THEREOF TO THE CLAIMANT IS NOT AUTHORIZED UNDER THE ACT OF JUNE 30, 1906, AS AMENDED, UNLESS IT BE ESTABLISHED THAT A LEGAL REPRESENTATIVE WILL NOT IN FACT BE APPOINTED.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. COL. C. W. FARNUM, DEPARTMENT OF THE ARMY, JANUARY 2, 1952:

BY FOURTH INDORSEMENT DATED NOVEMBER 30, 1951, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER OF MAY 11, 1951, REQUESTING AN ADVANCE DECISION ON THE CLAIM OF WALTER B. BARRY, FATHER OF JACK B. BARRY, DECEASED, LATE RECRUIT, GRADE E-1, HEAVY MORTAR COMPANY, 425TH INFANTRY REGIMENT, MICHIGAN NATIONAL GUARD, FOR ARMORY DRILL AND FIELD TRAINING PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH ON AUGUST 26, 1950, SUPPORTED BY SUPPLEMENTAL ARMORY DRILL AND FIELD TRAINING PAY ROLLS OF THE SAID ORGANIZATION FOR THE PERIODS FROM JUNE 1, TO AUGUST 31, 1950, AND AUGUST 12 TO 26, 1950, RESPECTIVELY.

IT APPEARS FROM STANDARD FORM NO. 1055, EXECUTED BY THE FATHER ON FEBRUARY 23, 1951, IN HIS ANSWER TO QUESTION NO. 4 THEREON, THAT A LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED. HOWEVER, QUESTION NO. 8 THEREON, WHICH REQUIRES THE NAME OF THE PERSON IN WHOSE INTEREST ADMINISTRATION HAS BEEN TAKEN OUT, HAS NOT BEEN ANSWERED. IF A LEGAL REPRESENTATIVE HAS BEEN OR WILL BE APPOINTED, PAYMENT OF THE SUPPLEMENTAL ARMORY DRILL AND FIELD TRAINING PAY ROLLS, WHICH, TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH YOUR LETTER, ARE RETURNED HEREWITH, IS AUTHORIZED TO BE MADE ONLY TO SUCH DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE UPON THE ATTACHMENT TO THE SUPPLEMENTAL ARMORY DRILL AND FIELD TRAINING PAY ROLLS OF PROPERLY AUTHENTICATED CERTIFICATES OR COPIES OF THE APPOINTMENT, AND UPON THE SIGNING OF THE SAID SUPPLEMENTAL PAY ROLLS AND STANDARD FORM NO. 1055, INCLUDING THE COMPLETION OF QUESTION NO. 8 OF STANDARD FORM 1055, BY SUCH DULY APPOINTED LEGAL REPRESENTATIVE.

IF A LEGAL REPRESENTATIVE ACTUALLY HAS NOT AND WILL NOT BE APPOINTED, AND THE STANDARD FORM 1055 IS CORRECTED TO SHOW SUCH FACT, PAYMENT TO THE FATHER IS AUTHORIZED. SEE THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30.