B-142442, MAY 10, 1960

B-142442: May 10, 1960

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EURICK: THERE WAS PAID TO YOU PURSUANT TO VOUCHER SETTLEMENTS OF NOVEMBER 25 AND DECEMBER 4. THIS AMOUNT WAS DUE MR. FOR UNPAID COMPENSATION DUE THE DECEDENT THAT THE DECEASED WAS NOT SURVIVED BY A WIDOW. IN THE ABSENCE OF A BENEFICIARY OR BENEFICIARIES HAVING BEEN DESIGNATED BY THE DECEDENT AND SINCE THERE WAS NO RECORD THEN OF A SURVIVING SPOUSE. PAYMENT WAS MADE TO YOU AS THE NATURAL GUARDIAN OF THE DECEDENT'S MINOR CHILDREN UNDER THE PROVISIONS OF 5 U.S.C. 61F AND 10 U.S.C. 2771. BORGHILD CUNNINGTON WHO HAS SUBMITTED EVIDENCE OF RECORD THAT SHE IS THE WIDOW OF HARRY S. PAYMENT TO YOU AS NATURAL GUARDIAN FOR THE SOLE USE AND BENEFIT OF THE MINOR CHILDREN WAS MADE TO YOU IN ERROR AND IT NOW BECOMES NECESSARY THAT YOU REFUND THE AMOUNT OF $573.59.

B-142442, MAY 10, 1960

TO MRS. EVELYN B. EURICK:

THERE WAS PAID TO YOU PURSUANT TO VOUCHER SETTLEMENTS OF NOVEMBER 25 AND DECEMBER 4, 1958, AND MARCH 25, 1959, THE NET AMOUNT OF $573.59 AS NATURAL GUARDIAN OF HARRY SCOTT CUNNINGTON, JR., SCHUYLER LEWIS CUNNINGTON AND LAWRENCE CRAIG CUNNINGTON, MINOR CHILDREN OF HARRY S. CUNNINGTON, DECEASED, A RETIRED ENLISTED MAN OF THE UNITED STATES NAVY AND CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE NAVY. THIS AMOUNT WAS DUE MR. CUNNINGTON AT DATE OF DEATH, APRIL 19, 1958, FOR ARREARS OF RETIRED PAY AND UNPAID COMPENSATION AS AN ELECTRONICS MECHANIC, UNITED STATES NAVAL AIR STATION, SAN DIEGO, CALIFORNIA.

YOU SAY IN YOUR CLAIM TO OUR OFFICE DATED OCTOBER 20, 1958, FOR UNPAID COMPENSATION DUE THE DECEDENT THAT THE DECEASED WAS NOT SURVIVED BY A WIDOW. IN THE ABSENCE OF A BENEFICIARY OR BENEFICIARIES HAVING BEEN DESIGNATED BY THE DECEDENT AND SINCE THERE WAS NO RECORD THEN OF A SURVIVING SPOUSE, PAYMENT WAS MADE TO YOU AS THE NATURAL GUARDIAN OF THE DECEDENT'S MINOR CHILDREN UNDER THE PROVISIONS OF 5 U.S.C. 61F AND 10 U.S.C. 2771, WHICH PRESCRIBED THE ORDER OF PRECEDENCE FOR PAYMENT OF ALL UNPAID COMPENSATION UPON THE DEATH OF A CIVILIAN EMPLOYEE.

HOWEVER, THERE NOW HAS BEEN PRESENTED A CLAIM FROM MRS. BORGHILD CUNNINGTON WHO HAS SUBMITTED EVIDENCE OF RECORD THAT SHE IS THE WIDOW OF HARRY S. CUNNINGTON.

THEREFORE, SINCE MRS. BORGHILD CUNNINGTON AS THE WIDOW OF THE DECEDENT TAKES PRECEDENCE OVER HIS CHILDREN IN THE DISTRIBUTION OF ALL UNPAID COMPENSATION UNDER THE PROVISIONS OF THE ABOVE-CITED SECTIONS OF THE U.S.C. PAYMENT TO YOU AS NATURAL GUARDIAN FOR THE SOLE USE AND BENEFIT OF THE MINOR CHILDREN WAS MADE TO YOU IN ERROR AND IT NOW BECOMES NECESSARY THAT YOU REFUND THE AMOUNT OF $573.59.

THEREFORE, THE AMOUNT DUE SHOULD BE REMITTED TO OUR OFFICE. PAYMENT SHOULD BE IN THE FORM OF A BANK DRAFT, CERTIFIED CHECK OR MONEY ORDER MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE CLAIMS DIVISION, UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D. C., REFERRING TO CLAIM NO. Z1-953 564.