B-124104, JUN. 27, 1955

B-124104, JUN. 27, 1955

TO MR. BLAKE CASEY:

REFERENCE IS MADE TO A LETTER OF APRIL 14, 1955, FROM MR. RALPH BOLGIANO, PRESIDENT OF THE DURAFLEX CORPORATION, WRITTEN ON YOUR BEHALF, RELATIVE TO YOUR INDEBTEDNESS OF $195 TO THE GOVERNMENT ARISING OUT OF THE ERRONEOUS PAYMENT TO YOU OF A CLASS E ALLOTMENT MADE IN YOUR FAVOR BY YOUR SON, RUFUS N. CASEY, NOW DECEASED, AND YOUR REQUEST THAT THE AMOUNT OF $182.08 STANDING TO THE CREDIT OF YOUR SON IN THE PRISONERS TRUST FUND ACCOUNT IN THE UNITED STATES PENITENTIARY AT ATLANTA, GEORGIA, BE APPLIED TO THE LIQUIDATION OF THAT INDEBTEDNESS. IN OFFICE LETTER OF APRIL 12, 1955, YOU WERE ADVISED THAT, FOR REASONS STATED THEREIN, THE AMOUNT IN YOUR SON'S ACCOUNT MAY NOT BE APPLIED AGAINST YOUR INDEBTEDNESS. MR. BOLGIANO, ON YOUR BEHALF, REQUESTS REVIEW OF THE ACTION TAKEN.

IT APPEARS THAT WHILE YOUR SON WAS IN THE ARMY HE AUTHORIZED A CLASS E ALLOTMENT OF $15 A MONTH TO BE PAID TO YOU FROM HIS PAY BUT THAT, ALTHOUGH HE WAS DISCHARGED FROM THE ARMY ON JULY 20, 1945, AND, THEREFORE, WAS NOT ENTITLED TO ARMY PAY AFTER THAT DATE, THE MONTHLY ALLOTMENT WAS PAID TO YOU FOR THIRTEEN MONTHS BEYOND THAT DATE, THUS RESULTING IN AN OVERPAYMENT OF $195. IT FURTHER APPEARS THAT YOUR SON DIED IN MAY 1952 WHILE AN INMATE OF THE UNITED STATES PENITENTIARY IN ATLANTA, GEORGIA. ON FEBRUARY 4, 1946, WHILE AN INMATE THERE, HE EXECUTED A PAPER, ON A FORM FURNISHED BY THE PENITENTIARY, DIRECTING THAT IN THE EVENT OF HIS DEATH ALL HIS PERSONAL EFFECTS, INCLUDING ANY MONEY TO HIS CREDIT IN THE PENITENTIARY, BE TRANSMITTED TO YOU. IT APPEARS THAT AT THE TIME OF HIS DEATH THERE WAS TO HIS CREDIT IN THE PRISONERS TRUST FUND THERE A SUM OF MONEY NOW AMOUNTING TO $182.08.

THE RECORD SHOWS THAT YOUR SON WAS SURVIVED BY HIS WIFE AND A MINOR SON. IT IS STATED IN CORRESPONDENCE FROM THE DURAFLEX CORPORATION, YOUR EMPLOYER, THAT HIS WIFE, WITH THEIR MINOR SON DESERTED HIM AND THAT THEIR WHEREABOUTS ARE UNKNOWN AND THAT IT IS NOT KNOWN WHETHER THEY ARE LIVING. IT APPEARS FROM ONE OF THE LETTERS OF YOUR EMPLOYER THAT YOU CONTEND THAT ALL THE MONEY RECEIVED FROM THE ARMY WAS USED FOR YOUR SON'S SON.

THE PAPER EXECUTED BY YOUR SON DID NOT OPERATE AS A PRESENT GIFT OF THE MONEY TO YOU OR AS A GIFT CAUSA MORTIS--- THAT IS, A GIFT TO TAKE EFFECT AFTER DEATH. NEITHER DOES THE RECORD ESTABLISH IT AS A VALID TESTAMENTARY DISPOSITION OF THE MONEY. ALSO, IT DOES NOT APPEAR THAT YOU ARE THE EXECUTOR OR THE ADMINISTRATOR OF YOUR SON'S ESTATE AND IT APPEARS THAT HE WAS SURVIVED BY HIS WIFE AND A MINOR SON AND, THEREFORE, YOU ARE NOT HIS HEIR OR NEXT OF KIN. HENCE, THERE APPEARS NO BASIS, ON THE PRESENT RECORD, FOR ALLOWANCE OF YOUR CLAIM FOR THE AMOUNT TO YOUR SON'S CREDIT IN THE PRISONERS TRUST FUND ACCOUNT AND, THEREFORE, NO BASIS TO APPLY IT TO THE INDEBTEDNESS.

ACCORDINGLY, THE ACTION TAKEN BY THE LETTER OF APRIL 12, 1955, IS SUSTAINED. HOWEVER, IT MAY BE SAID THAT IF YOUR SON'S WIFE, WITH THEIR SON, DESERTED YOUR SON, AS ALLEGED, AND THEIR WHEREABOUTS ARE NOW UNKNOWN, AND IF THE PROCEEDS OF THE ALLOTMENT CHECKS REFERRED TO WERE USED BY YOU FOR THE SUPPORT OF YOUR GRANDSON, FURTHER CONSIDERATION WILL BE GIVEN THE MATTER IF YOU WILL FURNISH THIS OFFICE WITH YOUR AFFIDAVIT SETTING FORTH THE FACTS IN THOSE RESPECTS, WITH, IF POSSIBLE, A SIMILAR AFFIDAVIT BY A DISINTERESTED THIRD PARTY WHO HAS KNOWLEDGE OF THE FACTS. SUCH AFFIDAVITS SHOULD SHOW WHEN THE DESERTION OCCURRED AND WHEN THE WIFE AND THE MINOR CHILD WERE LAST HEARD FROM BY YOU OR BY ANYONE WITHIN YOUR KNOWLEDGE.