B-133702, SEP. 26, 1957

B-133702: Sep 26, 1957

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REQUESTS RECONSIDERATION OF YOUR CLAIM FOR THE PROCEEDS OF A BONUS CHECK IN THE AMOUNT OF $60 YOU SAY WAS ISSUED TO YOUR DECEASED BROTHER. ON ACCOUNT OF SERVICE IN WORLD WAR I BUT WHICH WAS RETURNED TO THE TREASURY DEPARTMENT UNNEGOTIATED DUE TO THE DEATH OF THE PAYEE. YOUR CLAIM FOR THE PROCEEDS OF SUCH CHECK WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED DECEMBER 5. YOU ARE ENTITLED TO THE PROCEEDS OF THE CHECK. THUS THE RIGHT TO PAYMENT OF THE BONUS WAS PERSONAL TO THE VETERAN AND. THE AMOUNT IS NOT PAYABLE TO HIS ESTATE OR HEIRS. 26 COMP. ACCORDINGLY THE ACTION TAKEN IN DISALLOWING YOUR CLAIM APPEARS PROPER AND IS SUSTAINED.

B-133702, SEP. 26, 1957

TO MR. SAMUEL TRIM:

YOUR LETTER OF AUGUST 19, 1957, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR THE PROCEEDS OF A BONUS CHECK IN THE AMOUNT OF $60 YOU SAY WAS ISSUED TO YOUR DECEASED BROTHER, LAWRENCE TRIM, IN 1919, ON ACCOUNT OF SERVICE IN WORLD WAR I BUT WHICH WAS RETURNED TO THE TREASURY DEPARTMENT UNNEGOTIATED DUE TO THE DEATH OF THE PAYEE. YOUR CLAIM FOR THE PROCEEDS OF SUCH CHECK WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED DECEMBER 5, 1956. YOU CONTEND THAT AS THE BROTHER OF LAWRENCE TRIM, DECEASED, YOU ARE ENTITLED TO THE PROCEEDS OF THE CHECK.

SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, 40 STAT. 1151, AUTHORIZED THE PAYMENT OF $60 TO CERTAIN DISCHARGED VETERANS OF WORLD WAR I. HOWEVER, THAT ACT ALSO PROVIDES THAT SUCH PAYMENT SHALL NOT BE MADE TO THE HEIRS OR LEGAL REPRESENTATIVES OF ANY PERSON ENTITLED TO PAYMENT WHO DIED PRIOR TO RECEIVING SUCH PAYMENT.

THUS THE RIGHT TO PAYMENT OF THE BONUS WAS PERSONAL TO THE VETERAN AND, WHEN HE DIED WITHOUT HAVING COLLECTED THE AMOUNT BY ACTUALLY NEGOTIATING THE CHECK ISSUED IN PAYMENT THEREOF, THE AMOUNT IS NOT PAYABLE TO HIS ESTATE OR HEIRS. 26 COMP. DEC. 1038.

ACCORDINGLY THE ACTION TAKEN IN DISALLOWING YOUR CLAIM APPEARS PROPER AND IS SUSTAINED.