B-127362, APR. 13, 1956

B-127362: Apr 13, 1956

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PUBLIC HOUSING AND SANITATION: REFERENCE IS MADE TO YOUR LETTER OF MARCH 20. REQUESTING A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CERTIFY FOR PAYMENT FOUR VOUCHERS TRANSMITTED WITH THE LETTER COVERING RENTAL DUE UNDER LEASE NO. 2-36-2E-9 DATED MAY 10. THE VOUCHERS ARE STATED IN FAVOR OF THE PAYEES AND IN THE AMOUNTS FOLLOWING.) 1. THE RENTAL WAS FIXED AT $480 PER ANNUM AND THE TERM OF THE LEASE WAS SEVEN YEARS BEGINNING MAY 21. MYRTLE HUNTER WAS APPOINTED EXECUTRIX OF HIS ESTATE ON OCTOBER 4. WOLFE WAS APPOINTED EXECUTRIX OF HIS ESTATE ON JANUARY 21. ATTACHED TO THE VOUCHERS ARE CERTIFIED COPIES OF DOCUMENTS ESTABLISHING THE DEATHS OF GEORGE W. TO EACH VOUCHER IS ATTACHED ALSO A COPY OF A "RELEASE OF LEASE AND GENERAL RELEASE" SIGNED BY THE EXECUTRIXES OF BOTH ESTATES AND BY ALL OTHER PERSONS REPORTED TO HAVE ANY INTEREST IN THE PROPERTY AS DEVISEES OR OTHERWISE.

B-127362, APR. 13, 1956

TO MR. E. R. JOHNSON, AUTHORIZED CERTIFYING OFFICER, PUBLIC HOUSING AND SANITATION:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 20, 1956, REQUESTING A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CERTIFY FOR PAYMENT FOUR VOUCHERS TRANSMITTED WITH THE LETTER COVERING RENTAL DUE UNDER LEASE NO. 2-36-2E-9 DATED MAY 10, 1943. THE VOUCHERS ARE STATED IN FAVOR OF THE PAYEES AND IN THE AMOUNTS FOLLOWING.)

1. TO MYRTLE HUNTER, EXECUTRIX OF GEORGE W. WOLFE ESTATE, $104, COVERING 1/3 INTEREST IN THE RENTAL FOR THE PERIOD MAY 21, 1948, TO JANUARY 15, 1949.

2. TO MYRTLE HUNTER, EXECUTRIX OF GEORGE W. WOLFE ESTATE, $216, COVERING 1/3 INTEREST IN THE RENTAL FOR THE PERIOD JANUARY 15, 1949, TO MAY 20, 1950.

3. TO ANNIE C. WOLFE, EXECUTRIX OF SAMUEL T. WOLFE ESTATE, $320, COVERING 1/3 INTEREST IN THE RENTAL FOR THE PERIOD MAY 21, 1948, TO MAY 20, 1950.

4. TO CARL K. WOLFE, $320, COVERING 1/3 INTEREST IN THE RENTAL FOR THE PERIOD MAY 21, 1949, TO MAY 20, 1950.

THE LEASE COVERED CERTAIN REAL ESTATE LOCATED IN ALLENTOWN, PENNSYLVANIA, THE LESSORS BEING CARL K. WOLFE AND BERTHA M. WOLFE, HIS WIFE, AND SAMUEL T. WOLFE AND ANNIE C. WOLFE, HIS WIFE; AND THE LESSEE BEING THE UNITED STATES ACTING BY THE NATIONAL HOUSING AGENCY. THE RENTAL WAS FIXED AT $480 PER ANNUM AND THE TERM OF THE LEASE WAS SEVEN YEARS BEGINNING MAY 21, 1943. THE VOUCHERS, IN THE AGGREGATE AMOUNT OF $960, COVERED RENTAL FOR THE PERIOD MAY 21, 1948, TO MAY 20, 1950, WHEN THE LEASE EXPIRED, WHICH RENTAL REPORTEDLY HAS NOT BEEN PAID BECAUSE OF THE DEATH OF TWO PERSONS OWNING INTERESTS IN THE REAL ESTATE AND THE INABILITY OF THE SURVIVORS AND THE ESTATES TO AGREE AS TO THE APPLICATION OF THE RENTAL PAYMENTS.

IT APPEARS THAT AT THE DATE OF THE LEASE CARL K. WOLFE OWNED AN UNDIVIDED 2/3 INTEREST AND SAMUEL T. WOLFE OWNED AN UNDIVIDED 1/3 INTEREST IN THE PROPERTY. BY DEED DATED JULY 7, 1947, CARL K. WOLFE CONVEYED A 1/3 INTEREST TO GEORGE W. WOLFE, WHO DIED JANUARY 15, 1949, AND MYRTLE HUNTER WAS APPOINTED EXECUTRIX OF HIS ESTATE ON OCTOBER 4, 1949. SAMUEL T. WOLFE DIED JANUARY 2, 1947, AND ANNIE C. WOLFE WAS APPOINTED EXECUTRIX OF HIS ESTATE ON JANUARY 21, 1947. ATTACHED TO THE VOUCHERS ARE CERTIFIED COPIES OF DOCUMENTS ESTABLISHING THE DEATHS OF GEORGE W. WOLFE AND SAMUEL T. WOLFE AND THE APPOINTMENT OF MYRTHLE HUNTER AND ANNIE C. WOLFE, RESPECTIVELY, AS EXECUTRIXES OF THE ESTATES; ALSO COPIES OF THE WILLS OF THE DECEDENTS. TO EACH VOUCHER IS ATTACHED ALSO A COPY OF A "RELEASE OF LEASE AND GENERAL RELEASE" SIGNED BY THE EXECUTRIXES OF BOTH ESTATES AND BY ALL OTHER PERSONS REPORTED TO HAVE ANY INTEREST IN THE PROPERTY AS DEVISEES OR OTHERWISE, RELEASING THE GOVERNMENT FROM ALL CLAIMS UNDER THE LEASE UPON PAYMENT BY THE GOVERNMENT OF $320 EACH TO CARL K. WOLFE AND THE REFERRED-TO EXECUTRIXES. THE VOUCHERS DO NOT INCLUDE STATEMENTS BY THE EXECUTRIXES THAT THEY ARE CONTINUING TO ACT AS SUCH AS REQUIRED BY DECISION OF OCTOBER 7, 1929, 9 COMP. GEN. 154.

IN VIEW OF THE FOREGOING, THIS OFFICE WOULD NOT OBJECT TO CERTIFICATION OF THE VOUCHERS IF THERE FIRST BE ATTACHED TO THOSE VOUCHERS STATED IN FAVOR OF THE EXECUTRIXES STATEMENTS BY THEM THAT THE ESTATES ARE STILL IN THE PROCESS OF ADMINISTRATION.