B-127596, MAY 1, 1956

B-127596: May 1, 1956

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BLASEG: REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON MARCH 21. THERE WAS RECEIVED AN APPLICATION BY THE FATHER OF THE DECEDENT FOR SUCH PAY. THE FATHER CERTIFIED THAT THE DECEDENT WAS NOT SURVIVED BY A WIDOWER OR DESCENDANTS. THAT HER MOTHER WAS DEAD. THAT THE DECEDENT WAS SURVIVED BY HIMSELF. OF THE CLAIMS DIVISION YOU WERE ADVISED THAT UNDER THE ACT OF FEBRUARY 25. THE FATHER OF THE DECEDENT IS THE PREFERRED HEIR. SINCE YOUR DECEASED SISTER WAS NOT SURVIVED BY A WIDOWER. THERE WAS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. AS YOU WERE ADVISED IN THE SETTLEMENT OF MARCH 19. THE SETTLEMENT OF CLAIMS FOR THE AMOUNTS DUE THE ESTATES OF DECEASED PERSONNEL OF THE ARMY IS GOVERNED BY THE ACT OF FEBRUARY 25.

B-127596, MAY 1, 1956

TO MRS. CHRISTINE M. BLASEG:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON MARCH 21, 1956, CONCERNING YOUR CLAIM FOR ARREARS OF PAY BELIEVED TO BE DUE IN THE CASE OF YOUR LATE SISTER, CECILIA ROSE VERDILE, PRIVATE, UNITED STATES ARMY, WHO DIED IN THE MILITARY SERVICE ON OCTOBER 29, 1955.

IN ADDITION TO YOUR APPLICATION FOR THE ARREARS OF PAY DUE THE ESTATE OF THE DECEDENT, THERE WAS RECEIVED AN APPLICATION BY THE FATHER OF THE DECEDENT FOR SUCH PAY. THE FATHER CERTIFIED THAT THE DECEDENT WAS NOT SURVIVED BY A WIDOWER OR DESCENDANTS, THAT HER MOTHER WAS DEAD, AND THAT THE DECEDENT WAS SURVIVED BY HIMSELF, AS FATHER, AND BY ONE BROTHER AND THREE SISTERS, INCLUDING YOURSELF. BY LETTER DATED MARCH 14, 1956, OF THE CLAIMS DIVISION YOU WERE ADVISED THAT UNDER THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, GOVERNING THE SETTLEMENT OF CLAIMS FOR ARREARS OF PAY DUE THE ESTATE OF DECEASED PERSONNEL OF THE ARMY, THE FATHER OF THE DECEDENT IS THE PREFERRED HEIR, SINCE YOUR DECEASED SISTER WAS NOT SURVIVED BY A WIDOWER, DESCENDANTS, OR MOTHER, AND THAT, THEREFORE, THERE WAS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. ON MARCH 19, 1956, THE CLAIMS DIVISION CERTIFIED FOR PAYMENT TO THE FATHER THE SUM OF $82.66, THE AMOUNT REPORTED BY THE DEPARTMENT OF THE ARMY TO BE DUE AS ARREARS OF PAY.

AS YOU WERE ADVISED IN THE SETTLEMENT OF MARCH 19, 1956, THE SETTLEMENT OF CLAIMS FOR THE AMOUNTS DUE THE ESTATES OF DECEASED PERSONNEL OF THE ARMY IS GOVERNED BY THE ACT OF FEBRUARY 25, 1946, WHICH PROVIDES THAT WHERE NO DEMAND HAS BEEN PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, AND THE DECEDENT IS NOT SURVIVED BY A WIDOWER OR DESCENDANTS, THE ACCOUNTING OFFICERS MAY ALLOW THE AMOUNT FOUND DUE TO THE FATHER AND MOTHER IN EQUAL PARTS, OR IF EITHER THE FATHER OR MOTHER BE DEAD, THEN TO THE ONE SURVIVING. THE ALLOWANCE TO BROTHERS AND SISTERS IS AUTHORIZED ONLY IF THE DECEDENT IS NOT SURVIVED BY A WIDOWER, DESCENDANTS, FATHER OR MOTHER AND SPECIAL FAMILY SITUATIONS, SUCH AS RELATED IN YOUR LETTER, DO NOT PERMIT A DIFFERENT APPLICATION OF THE STATUTE. SINCE IT APPEARS THAT THE DECEDENT IS SURVIVED BY HER FATHER, WHO IS THE PREFERRED HEIR UNDER THE STATUTE, PAYMENT OF THE AMOUNT DUE THE ESTATE OF YOUR LATE SISTER WAS PROPERLY AUTHORIZED TO THE FATHER. ACCORDINGLY, THE SETTLEMENT OF MARCH 19, 1956, DISALLOWING YOUR CLAIM, WAS CORRECT AND IS SUSTAINED.