B-106850, JAN 10, 1952

B-106850: Jan 10, 1952

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DISBURSING OFFICER: REFERENCE IS MADE TO YOUR FIFTH INDORSEMENT DATED OCTOBER 19. IN THIS CONNECTION ATTENTION IS INVITED TO PARAGRAPH 13. IT APPEARS FROM FINANCE DEPARTMENT FORM NO. 14 THAT NO EXECUTOR OR ADMINISTRATOR OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED. THAT HE IS NOT SURVIVED BY A WIDOW. THAT HE IS SURVIVED BY HIS FATHER. WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF A DECEDENT'S ESTATE. THE ACCOUNTING OFFICERS ARE AUTHORIZED. THE FATHER AND MOTHER ARE ENTITLED TO SHARE EQUALLY IN THE AMOUNT DUE. THE SUPPLEMENTAL ARMORY DRILL PAY ROLL TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH YOUR INDORSEMENT ARE RETURNED HEREWITH. YOU ARE ADVISED THAT PAYMENT THEREON MAY BE MADE TO MR.

B-106850, JAN 10, 1952

PRECIS-UNAVAILABLE

MAJOR W.M. DUNCAN, USAF, DISBURSING OFFICER:

REFERENCE IS MADE TO YOUR FIFTH INDORSEMENT DATED OCTOBER 19, 1951, WITH ENCLOSURES, IN EFFECT REQUESTING AN ADVANCE DECISION ON THE CLAIM OF JOHN THOMAS JOHNSTON, AS FATHER OF JOHN S. JOHNSTON, LATE PRIVATE, GRADE E-1, HEADQUARTERS 142ND MEDICAL GROUP, OREGON AIR NATIONAL GUARD, FOR ARMORY DRILL PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH, DECEMBER 22, 1950, SUPPORTED BY SUPPLEMENTAL ARMORY DRILL PAY ROLL OF THE SAID ORGANIZATION FOR THE PERIOD FROM NOVEMBER 1 TO DECEMBER 31, 1950. IN THIS CONNECTION ATTENTION IS INVITED TO PARAGRAPH 13, ANGR 173-02, AND CHANGE DATED DECEMBER 13, 1951, WITH RESPECT TO THE PROPER ROUTING OF COMMUNICATIONS ADDRESSED TO THE COMPTROLLER GENERAL.

IT APPEARS FROM FINANCE DEPARTMENT FORM NO. 14 THAT NO EXECUTOR OR ADMINISTRATOR OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED; THAT HE IS NOT SURVIVED BY A WIDOW, CHILDREN, OR GRANDCHILDREN, AND THAT HE IS SURVIVED BY HIS FATHER, JOHN THOMAS JOHNSTON, AND HIS MOTHER, MRS. JOHN THOMAS JOHNSTON.

UNDER THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF A DECEDENT'S ESTATE, THE ACCOUNTING OFFICERS ARE AUTHORIZED, IF THERE BE NO WIDOW, WIDOWER, OR DESCENDANTS AT THE TIME OF SETTLEMENT, TO ALLOW THE AMOUNT FOUND DUE THE ESTATE TO THE FATHER AND MOTHER IN EQUAL PARTS. HENCE, THE FATHER AND MOTHER ARE ENTITLED TO SHARE EQUALLY IN THE AMOUNT DUE.

THEREFORE, THE SUPPLEMENTAL ARMORY DRILL PAY ROLL TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH YOUR INDORSEMENT ARE RETURNED HEREWITH, AND YOU ARE ADVISED THAT PAYMENT THEREON MAY BE MADE TO MR. AND MRS. JOHN THOMAS JOHNSTON, AS PARENTS OF JOHN S. JOHNSTON, DECEASED, NO DETERMINATION BEING MADE HEREIN AS TO THE CORRECTNESS OF THE AMOUNT OF SUCH PAYMENT, OR AS TO THE CORRECTNESS OF THE SUPPLEMENTAL PAY ROLL IN OTHER RESPECTS.

IN FUTURE REQUESTS FOR ADVANCE DECISIONS IN CASES OF THIS NATURE, WHERE THE DECEDENT IS SURVIVED BY MORE THAN ONE HEIR IN THE ORDER OF PRECEDENCE NAMED IN THE ACT OF FEBRUARY 25, 1946, SUPRA, IT IS REQUESTED THAT THE SUPPLEMENTAL PAY ROLL AND FINANCE DEPARTMENT FORM NO. 14 BE JOINTLY EXECUTED BY SUCH HEIRS. SEE PARAGRAPH 13A (2), ANGR 173-02.