B-124650, AUG. 16, 1955

B-124650: Aug 16, 1955

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CARL SMITH WAS USED TO PAY THE FUNERAL EXPENSES. ROBERT SPARKS DIED INTESTATE AND WAS DOMICILED IN THE STATE OF GEORGIA. IT IS NECESSARY THAT THE PROCEEDS OF THE CHECK BE PAID IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA. CARL SMITH APPEARS TO HAVE A PREFERRED CLAIM AGAINST THE PROCEEDS OF THE CHECK UNDER THE ABOVE-CITED LAW. YOUR CLAIM WAS PROPERLY DISALLOWED AND THE SETTLEMENT OF JUNE 18. IS SUSTAINED.

B-124650, AUG. 16, 1955

TO MRS. WILLIE MAE HENRY:

YOUR LETTER OF MARCH 30, 1955, REQUESTS REVIEW OF SETTLEMENT OF OUR OFFICE DATED JUNE 18, 1953, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF TREASURY (OLD AGE AND SURVIVORS INSURANCE) CHECK NO. 18,493,401, DATED JANUARY 7, 1953, FOR $100.80 DRAWN TO THE ORDER OF ROBERT SPARKS.

YOU SUBMITTED WITH YOUR CLAIM A RECEIPT FROM THE HINES FUNERAL HOME WHICH SHOWS THAT MR. ROBERT SPARKS, JR., PAID $60 ON THE FUNERAL EXPENSES OF HIS FATHER ROBERT SPARKS. ALSO, YOUR CLAIM SHOWS THAT MONEY FURNISHED BY MR. CARL SMITH WAS USED TO PAY THE FUNERAL EXPENSES.

SINCE IT APPEARS FROM THE RECORD THAT MR. ROBERT SPARKS DIED INTESTATE AND WAS DOMICILED IN THE STATE OF GEORGIA, IT IS NECESSARY THAT THE PROCEEDS OF THE CHECK BE PAID IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA. SECTION 1508 OF TITLE 113 OF THE GEORGIA CODE ANNOTATED PROVIDES THAT FUNERAL EXPENSES SHALL BE A PREFERRED CLAIM IN THE SETTLEMENT OF A DECEDENT'S ESTATE. THEREFORE, MR. CARL SMITH APPEARS TO HAVE A PREFERRED CLAIM AGAINST THE PROCEEDS OF THE CHECK UNDER THE ABOVE-CITED LAW.

ACCORDINGLY, YOUR CLAIM WAS PROPERLY DISALLOWED AND THE SETTLEMENT OF JUNE 18, 1953, IS SUSTAINED.