B-141695, JAN. 25, 1960

B-141695: Jan 25, 1960

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TO THE ATTORNEY GENERAL OF THE UNITED STATES WHICH WAS FORWARDED HERE FOR OUR CONSIDERATION. THE RECORD DISCLOSES THAT JOHN MCGARRY FAILED TO EXECUTE A DESIGNATION OF BENEFICIARY FOR UNPAID COMPENSATION BEFORE HIS DEATH AND THAT THERE ARE NO OTHER PERSONS WITHIN THE FIRST FOUR ORDERS OF PREFERENCE SET OUT IN THE ACT OF AUGUST 3. SINCE IT DOES NOT APPEAR THAT AN EXECUTOR OR ADMINISTRATOR OF YOUR DECEASED BROTHER'S ESTATE WAS APPOINTED. EACH ARE ENTITLED. YOU SAY THAT THE WHEREABOUTS OF MARIE BOLLIER ARE UNKNOWN TO YOU AND FURTHER. THAT YOU ARE NOT SURE THAT SHE IS STILL LIVING. IN VIEW OF THE FACT THAT THERE HAS BEEN NO DEFINITE SHOWING THAT MARIE BOLLIER IS NOT LIVING. WERE LIVING AT THE TIME OF YOUR BROTHER'S DEATH.

B-141695, JAN. 25, 1960

TO MRS. MARY B. DAHL:

THIS REFERS TO YOUR LETTER OF DECEMBER 19, 1959, TO OUR OFFICE AND TO YOUR LETTER OF DECEMBER 21, 1959, TO THE ATTORNEY GENERAL OF THE UNITED STATES WHICH WAS FORWARDED HERE FOR OUR CONSIDERATION. BOTH LETTERS REQUEST REVIEW OF OUR OFFICE SETTLEMENT OF AUGUST 6, 1957, WHICH ALLOWED YOU ONE-HALF OF THE UNPAID COMPENSATION DUE YOUR DECEASED BROTHER, JOHN MCGARRY, FORMER EMPLOYEE OF THE POST OFFICE DEPARTMENT, AND RESERVED ONE- HALF OF THE UNPAID COMPENSATION PENDING RECEIPT OF A CLAIM FROM MARIE BOLLIER, THE NIECE OF JOHN MCGARRY.

THE RECORD DISCLOSES THAT JOHN MCGARRY FAILED TO EXECUTE A DESIGNATION OF BENEFICIARY FOR UNPAID COMPENSATION BEFORE HIS DEATH AND THAT THERE ARE NO OTHER PERSONS WITHIN THE FIRST FOUR ORDERS OF PREFERENCE SET OUT IN THE ACT OF AUGUST 3, 1950, 64 STAT. 395, 5 U.S.C. 61F. THE FIFTH ORDER OF PREFERENCE IN THAT ACT PROVIDES FOR PAYMENT TO THE DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE OF THE DECEASED OFFICER OR EMPLOYEE, OR IF THERE BE NONE, TO THE PERSON OR PERSONS DETERMINED TO BE ENTITLED THERETO UNDER THE LAWS OF THE DOMICILE OF THE DECEASED OFFICER OR EMPLOYEE. SINCE IT DOES NOT APPEAR THAT AN EXECUTOR OR ADMINISTRATOR OF YOUR DECEASED BROTHER'S ESTATE WAS APPOINTED, THE RECORD DISCLOSES THAT YOU, AS SISTER OF THE DECEDENT, AND MARIE BOLLIER, AS NIECE OF THE DECEDENT, EACH ARE ENTITLED, UNDER PARAGRAPH 6 OF SECTION 83 OF THE DECEDENT ESTATE LAW OF NEW YORK, TO ONE-HALF OF THE UNPAID COMPENSATION DUE YOUR DECEASED BROTHER.

YOU SAY THAT THE WHEREABOUTS OF MARIE BOLLIER ARE UNKNOWN TO YOU AND FURTHER, THAT YOU ARE NOT SURE THAT SHE IS STILL LIVING. HOWEVER, IN VIEW OF THE FACT THAT THERE HAS BEEN NO DEFINITE SHOWING THAT MARIE BOLLIER IS NOT LIVING, YOUR STATEMENT WOULD NOT OF ITSELF DEPRIVE MARIE BOLLIER OF HER LEGAL RIGHT TO THE AMOUNT OF THE UNPAID COMPENSATION BEING RESERVED FOR HER IF SHE, IN FACT, WERE LIVING AT THE TIME OF YOUR BROTHER'S DEATH.

CONCERNING THE AMOUNT WHICH IS BEING RESERVED FOR MARIE BOLLIER AND WHICH YOU SAY HAS DROPPED FROM $250 TO $210.91 WE DIRECT YOUR ATTENTION TO THE CERTIFICATE OF SETTLEMENT DATED AUGUST 6, 1957, WHICH ACCOMPANIED THE PAYMENT OF YOUR CLAIM AND WHICH SHOWS AN AMOUNT OF $210.91 AS BEING RESERVED.

IN YOUR CLAIM DATED JUNE 3, 1957, YOU SAID THAT THE FUNERAL EXPENSES OF JOHN MCGARRY HAD NOT BEEN PAID. HOWEVER, IF IN THE MEANTIME YOU HAVE PAID THESE EXPENSES AND IF THERE BE FURNISHED OUR OFFICE A RECEIPTED BILL FROM THE UNDERTAKER AND AN AFFIDAVIT IN ACCORDANCE WITH SECTION 103A OF THE DECEDENT ESTATE LAW OF NEW YORK, FURTHER CONSIDERATION MAY BE GIVEN YOUR CLAIM--- AS PAYER OF THE FUNERAL EXPENSES. OTHERWISE, UPON THE PRESENT RECORD, THE SETTLEMENT OF AUGUST 6, 1957, MUST BE SUSTAINED.