B-134893, FEB. 20, 1958

B-134893: Feb 20, 1958

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HAROLD WARD YEARWOOD: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 15. OUR CLAIMS DIVISION ADVISED YOU THAT THERE IS ON FILE IN OUR OFFICE EVIDENCE SHOWING THAT FRANK YEARWOOD AND LORENE LEONARD WERE MARRIED IN TAYLOR COUNTY. THERE IS ALSO ON FILE A STATEMENT SIGNED BY TWO DISINTERESTED PERSONS TO THE EFFECT THAT LORENE YEARWOOD DAVIS WAS THE LAWFUL WIFE OF FRANK YEARWOOD ON THE DATE OF HIS DEATH. IN SUPPORT OF YOUR CLAIM YOU NOW STATE THAT AFTER EXTENSIVE INVESTIGATION YOU HAVE FOUND THAT LORENE DAVIS (YEARWOOD) HAD MARRIED SOON AFTER THE REENTRY OF YOUR BROTHER INTO THE SERVICE. THAT "NOT BEING ABLE TO ESTABLISH THE FACT THAT MY BROTHER AND SHE WERE DIVORCED. DUE TO THE FACT SHE WAS REMARRIED.'.

B-134893, FEB. 20, 1958

TO MR. HAROLD WARD YEARWOOD:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 15, 1957, SUBMITTING ON BEHALF OF YOUR SISTERS AND YOURSELF A CLAIM FOR THE PAY AND ALLOWANCES DUE YOUR LATE BROTHER, FRANK YEARWOOD, AT THE DATE OF HIS DEATH ON APRIL 3, 1948.

BY LETTER OF MARCH 25, 1955, OUR CLAIMS DIVISION ADVISED YOU THAT THERE IS ON FILE IN OUR OFFICE EVIDENCE SHOWING THAT FRANK YEARWOOD AND LORENE LEONARD WERE MARRIED IN TAYLOR COUNTY, TEXAS, ON JULY 22, 1944. THERE IS ALSO ON FILE A STATEMENT SIGNED BY TWO DISINTERESTED PERSONS TO THE EFFECT THAT LORENE YEARWOOD DAVIS WAS THE LAWFUL WIFE OF FRANK YEARWOOD ON THE DATE OF HIS DEATH. IN SUPPORT OF YOUR CLAIM YOU NOW STATE THAT AFTER EXTENSIVE INVESTIGATION YOU HAVE FOUND THAT LORENE DAVIS (YEARWOOD) HAD MARRIED SOON AFTER THE REENTRY OF YOUR BROTHER INTO THE SERVICE, AND THAT "NOT BEING ABLE TO ESTABLISH THE FACT THAT MY BROTHER AND SHE WERE DIVORCED, IT DOES SEEM PLAUSIBLE, DUE TO THE FACT SHE WAS REMARRIED.' THE ABSENCE OF EVIDENCE ESTABLISHING THAT YOUR LATE BROTHER WAS DIVORCED FROM LORENE YEARWOOD DAVIS, IT MUST BE CONCLUDED THAT SHE WAS HIS LAWFUL WIFE ON THE DATE OF HIS DEATH.

THERE IS ON FILE IN OUR OFFICE A CLAIM BY MRS. LORENE YEARWOOD DAVIS, 160 WEST 27TH STREET, LOS ANGELES, CALIFORNIA, FOR THE ARREARS OF PAY, ETC., DUE IN THIS CASE. HOWEVER, OUR OFFICE HAS BEEN UNABLE TO SETTLE THIS CLAIM SINCE MRS. DAVIS MOVED AND LEFT NO FORWARDING ADDRESS.

YOU HAVE HERETOFORE BEEN ADVISED BY OUR CLAIMS DIVISION THAT, UNDER THE CIRCUMSTANCES WE COULD NOT PROPERLY ALLOW YOUR CLAIM IN THE CAPACITY OF BROTHER OF THE DECEASED. THE SAME RULE APPLIES TO THE CLAIM NOW FILED BY YOU ON BEHALF OF YOUR SISTERS AND YOURSELF. AS YOU ALSO HAVE BEEN ADVISED, THE GOVERNING STATUTE, IN CASES SUCH AS THIS, DOES AUTHORIZE PAYMENT TO A DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE.

REFERRING TO THE THIRD PARAGRAPH OF YOUR LETTER OF DECEMBER 15, 1957, WE HAVE NO INFORMATION AS TO WHY YOUR BROTHER'S WIFE WAS NOT GRANTED AN ALLOTMENT.