B-111915, SEP 26, 1952

B-111915: Sep 26, 1952

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IT IS STATED ON STANDARD FORM NO. 1055. THAT NO EXECUTOR OR ADMINISTRATOR OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED. THAT HE IS NOT SURVIVED BY A WIDOW OR DESCENDANTS. THAT HE IS SURVIVED BY HIS MOTHER. WHOSE ADDRESS IS UNKNOWN. WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE. THE ACCOUNTING OFFICERS ARE AUTHORIZED. THE FATHER AND MOTHER ARE ENTITLED TO SHARE EQUALLY IN SAID AMOUNT. TO ONE-HALF OF SUCH AMOUNT AS WAS LEGALLY DUE THE DECEDENT AT THE DATE OF HIS DEATH. PAYMENT TO HER IN THAT AMOUNT IS AUTHORIZED. PROVIDED A CLAIM THEREFOR IS PRESENTED BY THE PERSON OR PERSONS WHO ACTUALLY PAID SUCH EXPENSES. (PAYMENT MADE FROM THE PROCEEDS OF AN INSURANCE POLICY OF WHICH SHE WAS THE BENEFICIARY WOULD.

B-111915, SEP 26, 1952

PRECIS-UNAVAILABLE

MAJOR W. W. HALL, F.C., DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT DATED SEPTEMBER 15, 1952, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER OF AUGUST 21, 1952, REQUESTING AN ADVANCE DECISION ON THE CLAIM OF BESSIE LEE PERRY, MOTHER OF CHARLES X. PERRY, DECEASED, LATE CORPORAL, GRADE E-4, BATTERY B, 138TH FIELD ARTILLERY BATTALION, KENTUCKY NATIONAL GUARD, FOR ARMORY DRILL PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH ON MARCH 31, 1952, SUPPORTED BY SUPPLEMENTAL ARMORY DRILL PAY ROLL OF THE SAID ORGANIZATION FOR THE PERIOD FROM FEBRUARY 1 TO APRIL 30, 1952.

IT IS STATED ON STANDARD FORM NO. 1055, THAT NO EXECUTOR OR ADMINISTRATOR OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED; THAT HE IS NOT SURVIVED BY A WIDOW OR DESCENDANTS; AND THAT HE IS SURVIVED BY HIS MOTHER, THE CLAIMANT, 742 SOUTH 22ND STREET, LOUISVILLE 11, KENTUCKY, AND HIS FATHER, TROY PERRY, WHOSE ADDRESS IS UNKNOWN.

UNDER THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1944, 60 STAT. 30, WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE, THE ACCOUNTING OFFICERS ARE AUTHORIZED, IF THERE BE NO WIDOW OR DESCENDANTS, TO ALLOW THE AMOUNT LEGALLY DUE TO THE FATHER AND MOTHER IN EQUAL PARTS. THEREFORE, THE FATHER AND MOTHER ARE ENTITLED TO SHARE EQUALLY IN SAID AMOUNT. HOWEVER, AS SHOWN ABOVE, THERE HAS BEEN NO ADMINISTRATION OF THE DECEDENT'S ESTATE AND NO CLAIM BY THE FATHER HAS BEEN PRESENTED.

UNDER THE CIRCUMSTANCES, THE CLAIMANT APPEARS TO BE ENTITLED, AS ONE OF THE SURVIVING PARENTS OF CHARLES K. PERRY, DECEASED, TO ONE-HALF OF SUCH AMOUNT AS WAS LEGALLY DUE THE DECEDENT AT THE DATE OF HIS DEATH, AND PAYMENT TO HER IN THAT AMOUNT IS AUTHORIZED, IF OTHERWISE CORRECT, 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. THE REMAINING ONE-HALF SHOULD BE RESERVED PENDING A CLAIM THEREFOR BY THE FATHER.

IT MAY BE POINTED OUT THAT THE GOVERNING STATUTE DOES NOT PRECLUDE PAYMENT FROM THE AMOUNT DUE OF THE FUNERAL EXPENSES OF THE DECEDENT, PROVIDED A CLAIM THEREFOR IS PRESENTED BY THE PERSON OR PERSONS WHO ACTUALLY PAID SUCH EXPENSES. IF MRS. PERRY HAS PAID THE DECEDENT'S FUNERAL EXPENSES FROM HER PERSONAL FUNDS AND SATISFACTORY EVIDENCE TO THAT EFFECT BE ATTACHED TO THE VOUCHER, PAYMENT OF THE ENTIRE AMOUNT DUE THE DECEDENT'S ESTATE MAY BE MADE TO HER AS MOTHER AND PAYER OF THE FUNERAL EXPENSES OF CHARLES K. PERRY, DECEASED. (PAYMENT MADE FROM THE PROCEEDS OF AN INSURANCE POLICY OF WHICH SHE WAS THE BENEFICIARY WOULD, OF COURSE, BE CONSIDERED AS PAYMENT FROM HER PERSONAL FUNDS.)

THE CLAIM AND SUPPORTING PAPERS, TRANSMITTED WITH YOUR LETTER, ARE RETURNED HEREWITH.