B-131121, MAY 3, 1957

B-131121: May 3, 1957

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WE REQUESTED THAT YOU FURNISH US COMPETENT EVIDENCE THAT ONE FLORA BELLE GLENN WAS DIVORCED FROM WILLIS GLENN PRIOR TO HIS MARRIAGE TO YOUR CLIENT. ALSO WE STATED THAT IN THE EVENT NO SUCH EVIDENCE IS AVAILABLE. IT WILL BE NECESSARY FOR THE LATTER TO REPAY THE AMOUNT OF HER INDEBTEDNESS TO THE UNITED STATES. GLENN WAS HIS LAWFUL WIFE. IS ENTITLED TO THE SUM OF $667.93 AS A RESIDUARY PAYMENT UNDER THE RAILROAD RETIREMENT ACT. YOU ARE ADVISED THAT YOUR LETTER OF FEBRUARY 4. WAS TRANSMITTED TO THE RAILROAD RETIREMENT BOARD FOR ITS CONSIDERATION IN CONNECTION WITH THE EVIDENCE OF RECORD IN THIS CASE. IS NOT SUBJECT TO REVIEW BY ANY OTHER ADMINISTRATIVE OR ACCOUNTING OFFICER. IS THAT SINCE WILLIS GLENN'S MARRIAGE TO FLORA BELLE GLENN WAS NEVER VALIDLY DISSOLVED PRIOR TO HIS DEATH.

B-131121, MAY 3, 1957

TO MESSRS. DAYTON AND DAYTON, ATTORNEYS AT LAW:

THIS REFERS TO YOUR LETTER OF FEBRUARY 4, 1957, REGARDING THE REPORTED INDEBTEDNESS OF JOHNNIE W. GLENN, P. O. BOX 449, BROOKVILLE, FLORIDA, TO THE UNITED STATES IN THE AMOUNT OF $307.20, REPRESENTING THE AMOUNT PAID TO HER BY THE RAILROAD RETIREMENT BOARD OF A LUMP SUM DEATH BENEFIT IN APRIL 1951, AS THE WIDOW OF WILLIS GLENN.

IN OUR LETTER TO YOU OF JANUARY 24, 1957, WE REQUESTED THAT YOU FURNISH US COMPETENT EVIDENCE THAT ONE FLORA BELLE GLENN WAS DIVORCED FROM WILLIS GLENN PRIOR TO HIS MARRIAGE TO YOUR CLIENT; ALSO WE STATED THAT IN THE EVENT NO SUCH EVIDENCE IS AVAILABLE, IT WILL BE NECESSARY FOR THE LATTER TO REPAY THE AMOUNT OF HER INDEBTEDNESS TO THE UNITED STATES.

YOUR REPLY OF FEBRUARY 4, DOES NOT FURNISH THE REQUESTED EVIDENCE. THE OTHER HAND, YOU REFER TO CERTAIN FLORIDA COURT CASES WHICH STAND FOR THE PRINCIPLE THAT, IN THE CASE OF CONFLICTING MARRIAGES OF THE SAME SPOUSE, THE PRESUMPTION OF THE VALIDITY OPERATES IN FAVOR OF THE SECOND MARRIAGE. FURTHER, YOU CONTEND THAT FLORA BELLE GLENN WOULD BE ESTOPPED TO DENY THE VALIDITY OF WILLIS GLENN'S SUBSEQUENT MARRIAGE BY REASON OF CERTAIN ACTIVITIES ON HER PART AFTER THEIR SEPARATION. THUS, YOU EXPRESS THE VIEW THAT THE FLORIDA COURTS WOULD CONSIDER THE MARRIAGE OF JOHNNIE W. GLENN AND WILLIS GLENN TO BE VALID, AND THAT AT THE TIME OF HIS DEATH JOHNNIE W. GLENN WAS HIS LAWFUL WIFE. YOU CONCLUDE THAT YOUR CLIENT DOES NOT OWE THE GOVERNMENT THE SUM OF $307.20, BUT IS ENTITLED TO THE SUM OF $667.93 AS A RESIDUARY PAYMENT UNDER THE RAILROAD RETIREMENT ACT.

YOU ARE ADVISED THAT YOUR LETTER OF FEBRUARY 4, WAS TRANSMITTED TO THE RAILROAD RETIREMENT BOARD FOR ITS CONSIDERATION IN CONNECTION WITH THE EVIDENCE OF RECORD IN THIS CASE. THEIR DETERMINATION OF THIS MATTER, WHICH UNDER THE TERMS OF 45 U.S.C. 228J/B/1, IS NOT SUBJECT TO REVIEW BY ANY OTHER ADMINISTRATIVE OR ACCOUNTING OFFICER, AGENT, OR EMPLOYEE OF THE UNITED STATES, IS THAT SINCE WILLIS GLENN'S MARRIAGE TO FLORA BELLE GLENN WAS NEVER VALIDLY DISSOLVED PRIOR TO HIS DEATH, HIS MARRIAGE TO JOHNNIE W. GLENN WAS VOID AB INITIO, AND, THEREFORE, AT THE TIME OF HIS DEATH HE WAS LEGALLY MARRIED TO FLORA BELLE GLENN.

ACCORDINGLY, WE HAVE NO ALTERNATIVE BUT TO ADVISE YOU THAT IF THE FULL AMOUNT OF THE DEBT, OR AN INITIAL PAYMENT TOGETHER WITH A DEFINITE ACCEPTABLE PLAN FOR SETTLEMENT OF THE BALANCE WITHIN A REASONABLE TIME, IS NOT SUBMITTED TO THIS OFFICE WITHIN 30 DAYS, THE MATTER WILL BE REPORTED TO THE DEPARTMENT OF JUSTICE FOR LEGAL ACTION.