B-142993, JUN. 29, 1960

B-142993: Jun 29, 1960

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WHAT WE HAVE SAID BEFORE. THAT CERTIFICATE OF SETTLEMENT WAS NO. 14577 AND WAS DATED DECEMBER 18. IT IS IMPOSSIBLE TO FURNISH A COPY OF THAT CHECK. WARRANT OR WARRANTS APPEARING FROM THE RECORDS OF THE GENERAL ACCOUNTING OFFICE OR THE TREASURY DEPARTMENT TO HAVE BEEN PAID. WHICH APPEARS FROM OUR RECORDS TO HAVE BEEN PAID BY THE TREASURER OF THE UNITED STATES IN DUE COURSE. YOUR CLAIM IS BARRED FROM CONSIDERATION BY THE PROVISIONS OF THE CITED ACT. THERE IS NO AUTHORITY IN OUR OFFICE TO WAIVE ITS PROVISIONS. VIZ: "SINCE THE INVOLVED AMOUNT OF $349.23 WAS MADE PAYABLE TO YOUR BROTHER AS ADMINISTRATOR C.T.A. WAS LISTED AS AN ASSET OF THE ESTATE AND INCLUDED IN THE TOTAL AMOUNT DISTRIBUTED.'.

B-142993, JUN. 29, 1960

TO MRS. HARRIETT P. MONROE:

YOUR LETTER OF MAY 12, 1960, TO OUR OFFICE OF ADMINISTRATIVE SERVICES, RECORDS MANAGEMENT AND SERVICES BRANCH, REQUESTS THE ISSUANCE OF A DUPLICATE CHECK FOR PAYMENT OF LUMP SUM LEAVE DUE THE ESTATE OF YOUR HUSBAND, JAMES R. MONROE, DECEASED. YOU SAY YOUR FAMILY HAS NO RECORD OF HAVING RECEIVED THE ORIGINAL CHECK IN PAYMENT THEREOF.

ON OCTOBER 3, 1956, OUR CLAIMS DIVISION, IN REPLY TO YOUR SON'S LETTER OF AUGUST 20, 1956, ADVISED HIM THAT OUR OFFICE COULD NOT COMPLY WITH HIS REQUEST FOR AN EXAMINATION OF THE CHECK AND THE ENDORSEMENTS THEREON BECAUSE THE CHECK HAD BEEN DESTROYED AS REQUIRED BY LAW.

WE REPEAT, WHAT WE HAVE SAID BEFORE, THAT THE RECORD SHOWS OUR OFFICE ISSUED A SETTLEMENT IN FAVOR OF HENRY PATTON MONROE, AS ADMINISTRATOR, C.T.A. OF THE ESTATE OF J. R. MONROE, DECEASED, FOR THE NET AMOUNT OF $349.23, DUE THE ESTATE OF MR. MONROE FOR 187 1/2 DAYS' ANNUAL LEAVE. THAT CERTIFICATE OF SETTLEMENT WAS NO. 14577 AND WAS DATED DECEMBER 18, 1946. THE CHECK ISSUED PURSUANT THERETO HAS BEEN DESTROYED; HENCE, IT IS IMPOSSIBLE TO FURNISH A COPY OF THAT CHECK.

THE ACT OF JUNE 22, 1926, AS AMENDED, 31 U.S.C. 122, PROVIDES IN PART AS FOLLOWS:

"HEREAFTER ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT OR WARRANTS APPEARING FROM THE RECORDS OF THE GENERAL ACCOUNTING OFFICE OR THE TREASURY DEPARTMENT TO HAVE BEEN PAID, SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE OR THE TREASURER OF THE UNITED STATES WITHIN SIX YEARS AFTER THE ISSUANCE OF THE CHECK, CHECKS, WARRANT OR WARRANTS INVOLVED * * *.'

SINCE YOU FAILED TO PRESENT YOUR CLAIM TO OUR OFFICE WITHIN SIX YEARS AFTER THE DATE OF THE ISSUANCE OF THE CHECK (NO. 470555 DATED JANUARY 22, 1947), WHICH APPEARS FROM OUR RECORDS TO HAVE BEEN PAID BY THE TREASURER OF THE UNITED STATES IN DUE COURSE, YOUR CLAIM IS BARRED FROM CONSIDERATION BY THE PROVISIONS OF THE CITED ACT. THERE IS NO AUTHORITY IN OUR OFFICE TO WAIVE ITS PROVISIONS.

WE CAN ONLY SUGGEST WHAT OUR CLAIMS DIVISION STATED IN THE CONCLUDING PARAGRAPH OF ITS LETTER OF OCTOBER 3, 1956, TO YOUR SON, VIZ:

"SINCE THE INVOLVED AMOUNT OF $349.23 WAS MADE PAYABLE TO YOUR BROTHER AS ADMINISTRATOR C.T.A. OF THE ESTATE OF THE DECEDENT, WE SUGGEST THAT HE BE ADVISED TO EXAMINE THE RECORDS PERTAINING TO THE ADMINISTRATION OF THE ESTATE, EITHER IN HIS POSSESSION OR ON FILE IN THE CIRCUIT COURT OF STAFFORD COUNTY, TO ASCERTAIN WHETHER THE AMOUNT OF $349.23, WAS LISTED AS AN ASSET OF THE ESTATE AND INCLUDED IN THE TOTAL AMOUNT DISTRIBUTED.'