B-130751, MAR. 28, 1957

B-130751: Mar 28, 1957

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THE PROCEEDS OF SAID CHECKS ARE ASSETS OF THE SAID DECEDENT'S ESTATE AND WOULD ORDINARILY BE ADMINISTERED BY THE EXECUTOR OR ADMINISTRATOR OF HIS ESTATE. IT IS UNDERSTOOD NONE WAS APPOINTED IN THIS CASE. THE PERSONAL PROPERTY OF THE DECEDENT AFTER THE PAYMENT OF DEBTS AND FUNERAL EXPENSES IS FOR DISTRIBUTION AMONG THE SURVIVING BROTHERS AND SISTERS OF THE DECEDENT IN EQUAL SHARES (CODE OF ALABAMA. THE RECORD DOES NOT INDICATE THERE ARE ANY UNPAID DEBTS AND SHOWS THAT THE EXPENSES OF THE FUNERAL OF YOUR DECEASED BROTHER AMOUNTING TO $307.50 HAVE BEEN FULLY PAID FROM TWO SOURCES. IS THUS FOR DISTRIBUTION TO YOU AND THE DECEDENT'S OTHER THREE SURVIVING BROTHERS AND SISTERS IN EQUAL SHARES.

B-130751, MAR. 28, 1957

TO MR. EVANS DUNKLIN:

YOUR LETTER OF JANUARY 19, 1957, REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED JANUARY 8, 1957, WHICH AUTHORIZED PAYMENT TO YOU OF THE SUM OF $158.88 REPRESENTING THE BALANCE OF YOUR SHARE OF THE PROCEEDS OF CANCELED TREASURY (SOCIAL SECURITY) CHECKS NO. 18,589,522, DATED MAY 22, 1956 FOR $1,339.80, AND NO. 67,114,189 DATED JUNE 3, 1956, FOR $95.70, DRAWN BY C. A. WOOD, SYMBOL 449, TO THE ORDER OF YOUR BROTHER, CLEVELAND DUNKLIN, NOW DECEASED.

THE PROCEEDS OF SAID CHECKS ARE ASSETS OF THE SAID DECEDENT'S ESTATE AND WOULD ORDINARILY BE ADMINISTERED BY THE EXECUTOR OR ADMINISTRATOR OF HIS ESTATE. BEERS V. FEDERAL SECURITY ADMINISTRATOR, 80 F.SUPP. 183. IN THE ABSENCE OF THE APPOINTMENT OF SUCH A LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE, AND IT IS UNDERSTOOD NONE WAS APPOINTED IN THIS CASE, THE PROCEEDS OF THE CHECKS MUST NECESSARILY BE DISPOSED OF IN ACCORDANCE WITH THE LAWS OF THE STATE OF ALABAMA, THE DOMICILE OF THE DECEDENT AT THE TIME OF HIS DEATH. UNDER SUCH LAWS, WHERE A RESIDENT DIES INTESTATE LEAVING NO SURVIVING WIDOW, CHILDREN OR PARENT, THE PERSONAL PROPERTY OF THE DECEDENT AFTER THE PAYMENT OF DEBTS AND FUNERAL EXPENSES IS FOR DISTRIBUTION AMONG THE SURVIVING BROTHERS AND SISTERS OF THE DECEDENT IN EQUAL SHARES (CODE OF ALABAMA, TITLE 16-SEC. 1).

THE RECORD DOES NOT INDICATE THERE ARE ANY UNPAID DEBTS AND SHOWS THAT THE EXPENSES OF THE FUNERAL OF YOUR DECEASED BROTHER AMOUNTING TO $307.50 HAVE BEEN FULLY PAID FROM TWO SOURCES; THE SOCIAL SECURITY ADMINISTRATION, AREA OFFICE, BIRMINGHAM, ALABAMA, AND THE VETERANS ADMINISTRATION. UNDER THE LAW OF ALABAMA, THE ENTIRE SUM OF $1,435.50, THE TOTAL AMOUNT OF THE CHECKS DUE YOUR DECEASED BROTHER, IS THUS FOR DISTRIBUTION TO YOU AND THE DECEDENT'S OTHER THREE SURVIVING BROTHERS AND SISTERS IN EQUAL SHARES, I.E., $358.88 (OR $358.87) TO EACH OF THEM. SINCE YOU WERE ALLOWED THE SUM OF $200 ON CERTIFICATE OF SETTLEMENT NO. 2277427, DATED SEPTEMBER 20, 1956, YOU ARE ENTITLED TO THE ADDITIONAL SUM OF $158.88 IN PAYMENT OF YOUR QUARTER SHARE OF THE AMOUNT OF THE CHECK. PAYMENT OF SUCH SUM OF $158.88 WAS AUTHORIZED TO YOU AND CHECK NO. 11,386,403, DATED FEBRUARY 6, 1957 WAS ACCORDINGLY ISSUED. WE UNDERSTAND THAT THIS CHECK HAS BEEN RETURNED TO THE TREASURY DEPARTMENT THROUGH THE REGIONAL OFFICE OF THE VETERANS ADMINISTRATION IN MONTGOMERY, ALABAMA. SINCE THE SAID CHECK REPRESENTS THE TOTAL BALANCE OF THE AMOUNT NOW DUE YOU, OUR OFFICE WILL TAKE THE NECESSARY ACTION TO HAVE THIS CHECK REMAILED TO YOU AT YOUR ADDRESS.

YOU MADE THREE PRINCIPAL CONTENTIONS IN YOUR SAID LETTER OF JANUARY 19, 1957 (1) THAT YOU WERE THE ONLY ONE THAT YOUR BROTHER WISHED MIGHT RECEIVE THE SAID MONEY; (2) THAT EACH OF THE SURVIVING BROTHERS AND SISTERS SHOULD SHARE EQUALLY IN THE FUNERAL EXPENSES OF YOUR DECEASED BROTHER; AND (3), THAT ONE OF THE SURVIVING BROTHERS WHO WILL SHARE IN THIS FUND HAS NOT BEEN HEARD OF FOR 15 YEARS AND YOU ARE NOT INFORMED AS TO WHETHER HE IS PRESENTLY ALIVE. IT IS OUR OPINION THAT NONE OF THESE CONTENTIONS CAN AFFECT THE PROPER DISTRIBUTION OF THIS FUND IN ACCORDANCE WITH THE INTESTACY LAWS OF THE STATE OF ALABAMA. IN THE ABSENCE OF A WILL, DULY ADMITTED TO PROBATE, THE DECEDENT'S WISHES AS TO WHO SHOULD RECEIVE HIS ESTATE MAY NOT BE COMPLIED WITH. SINCE THE FUNERAL EXPENSES WERE PAID OR REIMBURSED BY THE VETERANS ADMINISTRATION AND THE SOCIAL SECURITY ADMINISTRATION, YOU ARE NOT ENTITLED TO ANY SPECIAL PREFERENCE FOR HAVING INITIALLY BORNE A PART OF SUCH EXPENSES. ALSO, IN THE ABSENCE OF YOUR ESTABLISHING THE DEATH OF SYLVESTER DUNKLIN, THE BROTHER OF THE DECEDENT WHO YOU NOW STATE YOU HAVE NOT HEARD FROM IN 15 YEARS--- BUT WHOSE ADDRESS YOU SHOWED ON THE APPLICATION FORM PREVIOUSLY EXECUTED BY YOU AS DORNORA, PENNSYLVANIA--- THE SHARE DUE HIM MAY NOT BE PAID TO YOU OR DIVIDED BETWEEN YOU AND THE SURVIVING SISTERS OF THE DECEASED PAYEE OF THE CHECKS.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 8, 1957 APPEARS PROPER AND IS SUSTAINED. THE BALANCE OF THE AMOUNT OF THE CHECKS WILL BE HELD FOR DISTRIBUTION TO YOUR BROTHER AND SISTERS, UPON RECEIPT OF CLAIMS FROM THEM OVER THEIR RESPECTIVE HANDWRITTEN SIGNATURES AND ADDRESSES.