B-116523, OCT. 20, 1955

B-116523: Oct 20, 1955

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CORITA HILL CALDWELL: REFERENCE IS MADE TO THE LETTER OF JULY 26. SHEFFIELD FOR THE COMPENSATION WHICH WAS DUE MRS. THE DISALLOWANCE OF YOUR CLAIM WAS REVIEWED IN OFFICE LETTERS TO YOU OF AUGUST 25 AND OCTOBER 6. THE AMOUNT WHICH WAS DUE AS COMPENSATION. FROM THE UNITED STATES WAS PAID TO LONZA MAE BATIE AS THE GRANDDAUGHTER OF THE DECEDENT AND NO FURTHER AMOUNT IS DUE ON THAT ACCOUNT. SUCH PAYMENT WAS BASED UPON THE ACT OF AUGUST 3. IT WAS FURTHER POINTED OUT THAT THE ACTION OF THIS OFFICE WAS CORRECT ON THE INFORMATION FURNISHED AND THAT THERE WOULD APPEAR TO BE NO PROPER BASIS FOR THE UNITED STATES PAYING A SECOND TIME ON YOUR CONTENTION THAT THE PERSON WHO FILLED OUT YOUR APPLICATION FOR YOU FAILED TO PROPERLY DESCRIBE THE RELATIONSHIP OF MRS.

B-116523, OCT. 20, 1955

TO MRS. CORITA HILL CALDWELL:

REFERENCE IS MADE TO THE LETTER OF JULY 26, 1955, AND SUBSEQUENT INQUIRY, WRITTEN IN YOUR BEHALF BY YOUR ATTORNEY, MR. GUY BONHAM, FURTHER CONCERNING YOUR CLAIM AS ADMINISTRATRIX OF THE ESTATE OF BEATRICE B. SHEFFIELD FOR THE COMPENSATION WHICH WAS DUE MRS. SHEFFIELD AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, KELLY AIR FORCE BASE, TEXAS.

THE DISALLOWANCE OF YOUR CLAIM WAS REVIEWED IN OFFICE LETTERS TO YOU OF AUGUST 25 AND OCTOBER 6, 1953. AS POINTED OUT THEREIN, THE AMOUNT WHICH WAS DUE AS COMPENSATION, $894.69, FROM THE UNITED STATES WAS PAID TO LONZA MAE BATIE AS THE GRANDDAUGHTER OF THE DECEDENT AND NO FURTHER AMOUNT IS DUE ON THAT ACCOUNT. SUCH PAYMENT WAS BASED UPON THE ACT OF AUGUST 3, 1950, 64 STAT. 395, ESTABLISHING THE ORDER OF PRECEDENCE AS TO PERSONS TO BE PAID THE COMPENSATION OF FEDERAL EMPLOYEES UPON THEIR DEATH, AND UPON INFORMATION CONTAINED IN BOTH YOUR APPLICATION AND THAT OF MRS. BATIE SHOWING HER RELATIONSHIP TO THE DECEDENT. IT WAS FURTHER POINTED OUT THAT THE ACTION OF THIS OFFICE WAS CORRECT ON THE INFORMATION FURNISHED AND THAT THERE WOULD APPEAR TO BE NO PROPER BASIS FOR THE UNITED STATES PAYING A SECOND TIME ON YOUR CONTENTION THAT THE PERSON WHO FILLED OUT YOUR APPLICATION FOR YOU FAILED TO PROPERLY DESCRIBE THE RELATIONSHIP OF MRS. BATIE TO THE DECEDENT.

THERE WAS ENCLOSED WITH THE LETTER OF JULY 26, 1955, FROM YOUR ATTORNEY, A COPY OF A JUDGMENT ENTERED IN THE PROBATE COURT OF BEXAR COUNTY, TEXAS, WHEREIN IT IS DECREED, AMONG OTHER THINGS, THAT LONZA MAE BATIE IS A LEGAL HEIR OF BEATRICE SHEFFIELD AND WHEREIN IT IS ORDERED, PURSUANT TO AN AGREEMENT ENTERED INTO BETWEEN THE OPPOSING HEIRS, THAT ALL AMOUNTS DUE AND PAYABLE BY THE UNITED STATES GOVERNMENT TO BEATRICE SHEFFIELD ON ACCOUNT OF COMPENSATION (OTHER THAN THE AMOUNT OF $894.69 HERETOFORE PAID BY THE GOVERNMENT TO MRS. BATIE) BE PAID TO YOU AS ADMINISTRATRIX OF THE DECEDENT'S ESTATE.

INASMUCH AS THE FULL AMOUNT DUE AS COMPENSATION WAS PAID TO LONZA MAE BATIE, NO ADDITIONAL AMOUNT MAY BE PAID TO YOU. THE PORTION OF THE JUDGMENT DEALING WITH ADDITIONAL AMOUNTS DUE THE ESTATE ON ACCOUNT OF UNPAID COMPENSATION APPEARS TO HAVE BEEN BASED UPON A MISUNDERSTANDING AS TO THE EXISTENCE THEREOF.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT OF JUNE 8, 1953, IS REAFFIRMED.

IT IS NOTED THAT THE COURT ORDER REFERS TO RETIREMENT PAY AND AMOUNTS DUE FROM THE CIVIL SERVICE COMMISSION. IF IT IS BELIEVED THAT ANY AMOUNT IS DUE THE ESTATE BY REASON OF DEDUCTIONS MADE FOR CREDIT TO THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND, APPLICATION THEREFOR SHOULD BE FILED WITH THE UNITED STATES CIVIL SERVICE COMMISSION, WASHINGTON 25, D.C.