B-125750, DEC. 14, 1955

B-125750: Dec 14, 1955

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LINZIE MCCOWAN: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 13. OF OUR CLAIMS DIVISION YOU WERE ADVISED THAT SINCE A FATHER OF AN ILLEGITIMATE CHILD IS NOT A "FATHER" WITHIN THE PROVISIONS OF THE ACT OF FEBRUARY 25. UNLESS HE WAS THE LEGAL HEIR OF SUCH CHILD. THERE WAS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. AS YOU WERE ADVISED BY THE SETTLEMENT OF JULY 26. THE FATHER OF AN ILLEGITIMATE CHILD IS NOT A "FATHER" WITHIN THE CONTEMPLATION OF THE ACT OF FEBRUARY 25. UNLESS HE IS THE LEGAL HEIR OF SUCH CHILD UNDER APPLICABLE STATE LAW. WHERE THE DECEDENT WAS DOMICILED AT THE TIME OF HIS DEATH. THE FATHER OF AN ILLEGITIMATE CHILD IS NOT CONSIDERED A LEGAL HEIR OF SUCH CHILD UNLESS HE MARRIES THE CHILD'S MOTHER AND RECOGNIZES THE CHILD AS HIS SON.

B-125750, DEC. 14, 1955

TO MR. LINZIE MCCOWAN:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 13, 1955, CONCERNING YOUR CLAIM FOR A SHARE OF THE ARREARS OF PAY BELIEVED TO BE DUE IN THE CASE OF YOUR LATE ILLEGITIMATE SON, RICHARD C. MCCOWAN, PRIVATE, FIRST CLASS, UNITED STATES ARMY, AS OF DECEMBER 31, 1953, THE DATE DETERMINED FOR PAY PURPOSES AS THE PRESUMPTIVE DATE OF HIS DEATH IN THE MILITARY SERVICE.

BY SETTLEMENT DATED JULY 26, 1955, OF OUR CLAIMS DIVISION YOU WERE ADVISED THAT SINCE A FATHER OF AN ILLEGITIMATE CHILD IS NOT A "FATHER" WITHIN THE PROVISIONS OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, WHICH GOVERNS THE SETTLEMENT OF ACCOUNTS OF DECEASED PERSONNEL OF THE ARMY, UNLESS HE WAS THE LEGAL HEIR OF SUCH CHILD, THERE WAS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. PREVIOUSLY, ON JULY 25, 1955, THE CLAIMS DIVISION APPROVED FOR PAYMENT TO MRS. MARY GOODE, AS MOTHER OF THE DECEDENT, THE SUM OF $876.29, THE REMAINING ONE-HALF OF ARREARS OF PAY DUE, THE OTHER ONE-HALF HAVING BEEN APPROVED FOR PAYMENT TO HER ON MARCH 31, 1954. YOU SAY THAT YOU CLAIMED THE DECEDENT AS YOUR DEPENDENT AND YOU FEEL THAT YOUR CLAIM SHOULD BE ALLOWED.

AS YOU WERE ADVISED BY THE SETTLEMENT OF JULY 26, 1955, THE FATHER OF AN ILLEGITIMATE CHILD IS NOT A "FATHER" WITHIN THE CONTEMPLATION OF THE ACT OF FEBRUARY 25, 1946, UNLESS HE IS THE LEGAL HEIR OF SUCH CHILD UNDER APPLICABLE STATE LAW. UNDER THE LAWS OF THE STATE OF KENTUCKY, WHERE THE DECEDENT WAS DOMICILED AT THE TIME OF HIS DEATH,THE FATHER OF AN ILLEGITIMATE CHILD IS NOT CONSIDERED A LEGAL HEIR OF SUCH CHILD UNLESS HE MARRIES THE CHILD'S MOTHER AND RECOGNIZES THE CHILD AS HIS SON; OTHERWISE, THE ESTATE OF SUCH CHILD GOES TO THE MOTHER AND HER KINDRED AND NOT TO THE FATHER AND HIS KINDRED. SINCE YOU WERE NEVER MARRIED TO THE MOTHER OF THE DECEDENT, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.