B-107001, MAY 7, 1952

B-107001: May 7, 1952

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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. SUCH APPOINTMENT IS STILL IN EFFECT. 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 PAY ROLL OF A PROPERLY AUTHENTICATED CERTIFICATE OR COPY OF THE APPOINTMENT. IF A LEGAL REPRESENTATIVE ACTUALLY HAS NOT AND WILL NOT BE APPOINTED OR. THE STANDARD FORM NO. 1055 IS CORRECTED TO SHOW SUCH FACT. PAYMENT TO THE WIDOW IS AUTHORIZED. NOTHING HEREIN IS TO BE CONSTRUED AS DETERMINING THE CORRECTNESS OF THE AMOUNT OF SUCH PAYMENT.

B-107001, MAY 7, 1952

PRECIS-UNAVAILABLE

CAPTAIN R.S. RIPPEY, USAF, DISBURSING OFFICER:

BY LETTER DATED NOVEMBER 14, 1951, THE DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, REFERRED TO THIS OFFICE YOUR LETTER OF JULY 11, 1951, REQUESTING AN ADVANCE DECISION ON THE CLAIM OF EILEEN P. SCHELLING, WIDOW OF THOMAS W. SCHELLING, JR., DECEASED, LATE MAJOR, GRADE 0-4, 119TH FIGHTER SQUADRON, 102D FIGHTER GROUP, NEW JERSEY NATIONAL GUARD, FOR ARMORY DRILL, FLYING, AND ADMINISTRATIVE FUNCTION PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH ON JUNE 2, 1951, SUPPORTED BY SUPPLEMENTAL ARMORY DRILL PAY ROLL OF THE SAID ORGANIZATION FOR THE PERIOD FROM APRIL 1 TO JUNE 2, 1951.

IT APPEARS FROM STANDARD FORM NO. 1055, EXECUTED BY THE WIDOW ON JUNE 18, 1951, IN HER ANSWER TO QUESTION NO. 4 THEREON, 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, AND SUCH APPOINTMENT IS STILL IN EFFECT, PAYMENT OF THE SUPPLEMENTAL ARMORY DRILL PAY ROLL, 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 PAY ROLL OF A PROPERLY AUTHENTICATED CERTIFICATE OR COPY OF THE APPOINTMENT, AND UPON THE SIGNING OF THE SAID SUPPLEMENTAL ARMORY DRILL PAY ROLL BY SUCH REPRESENTATIVE.

IF A LEGAL REPRESENTATIVE ACTUALLY HAS NOT AND WILL NOT BE APPOINTED OR, IF APPOINTED, HAS BEEN DISCHARGED, AND THE STANDARD FORM NO. 1055 IS CORRECTED TO SHOW SUCH FACT, PAYMENT TO THE WIDOW 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. NOTHING HEREIN IS TO BE CONSTRUED AS DETERMINING THE CORRECTNESS OF THE AMOUNT OF SUCH PAYMENT, OR THE CORRECTNESS OF THE SUPPLEMENTAL PAY ROLL IN OTHER RESPECTS.