B-130615, JUN. 13, 1961
Highlights
YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF JUNE 29. WHOSE WHEREABOUTS ARE NOW UNKNOWN. THIS MATTER WAS FULLY DISCUSSED IN OUR OFFICE LETTERS OF MARCH 21. JOHN MARSHALL APPEARS TO HAVE BEEN A RESIDENT OF CURTIS. THERE IS NOTHING IN THE PRESENT RECORD OTHERWISE INDICATING THAT HE IS DEAD OR THE DATE OF HIS DEATH. JOHN MARSHALL IF NOW ALIVE WOULD HAVE SUPERIOR RIGHTS OVER AN ADMINISTRATOR OR PAYER OF THE DECEDENT'S FUNERAL EXPENSES. YOU WERE ADVISED THAT NO PAYMENT COULD BE MADE TO YOU UNTIL OUR OFFICE WAS FURNISHED A DEATH CERTIFICATE OR. ON THE BASIS OF THE PRESENT RECORD THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.
B-130615, JUN. 13, 1961
TO DR. F. E. NORMAN:
YOUR LETTER OF MAY 15, 1961, APPEARS RELATED TO YOUR CLAIM AS ADMINISTRATOR OF THE ESTATE AND PAYER OF PART OF THE FUNERAL EXPENSES OF MAE E. MARSHALL, DECEASED, FOR UNPAID COMPENSATION DUE THE DECEDENT AS AN EMPLOYEE OF THE TREASURY DEPARTMENT. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF JUNE 29, 1960.
YOU REQUEST TO BE INFORMED WHETHER OUR OFFICE MAY PRESUME A PERSON LEGALLY DEAD WHO LEFT HIS WIFE AND CHILD FOR APPROXIMATELY FIFTY YEARS AND HAS NOT BEEN HEARD OF OR SEEN BY ANY OF HIS RELATIVES OR FRIENDS SINCE THAT TIME. PRESUMABLY, THIS QUESTION REFERS TO MR. JOHN MARSHALL, THE FATHER OF THE DECEDENT, WHOSE WHEREABOUTS ARE NOW UNKNOWN.
THIS MATTER WAS FULLY DISCUSSED IN OUR OFFICE LETTERS OF MARCH 21, 1958, AND JUNE 29, 1960, TO YOU. JOHN MARSHALL APPEARS TO HAVE BEEN A RESIDENT OF CURTIS, COLORADO, AND THERE IS NOTHING IN THE PRESENT RECORD OTHERWISE INDICATING THAT HE IS DEAD OR THE DATE OF HIS DEATH. FURTHERMORE, NO EVIDENCE HAS BEEN FURNISHED TO CONCLUSIVELY ESTABLISH THAT HE PREDECEASED THE DECEDENT, AND WE MAY NOT RECOGNIZE HIM AS LEGALLY DEAD UNDER THE RELATED CIRCUMSTANCES.
SINCE UNDER THE ORDER OF PRECEDENCE PROVIDED UNDER THE ACT OF AUGUST 3, 1950, 5 U.S.C. 61F, JOHN MARSHALL IF NOW ALIVE WOULD HAVE SUPERIOR RIGHTS OVER AN ADMINISTRATOR OR PAYER OF THE DECEDENT'S FUNERAL EXPENSES, YOU WERE ADVISED THAT NO PAYMENT COULD BE MADE TO YOU UNTIL OUR OFFICE WAS FURNISHED A DEATH CERTIFICATE OR, IN THE ALTERNATIVE, AN AUTHENTIC COPY OF A DECREE OF A COURT OF COMPETENT JURISDICTION ESTABLISHING THE DEATH OF THE LEGAL FATHER PRIOR TO THAT OF THE DECEASED EMPLOYEE. ANY EVIDENCE OF THAT NATURE SHOULD BE SUBMITTED TO THE CLAIMS DIVISION, UNITED STATES GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., CITING CLAIM Z 1-814-406.
ON THE BASIS OF THE PRESENT RECORD THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.