B-145325, APR. 11, 1961

B-145325: Apr 11, 1961

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AS EXECUTRIX OF THE WILL OF LANTA V. YOU ASK TO BE ADVISED OF THE AUTHORITY OF OUR OFFICE IN TAKING SUCH ACTION INASMUCH AS YOUR CLIENT HAS TIMELY ELECTED TO TAKE UNDER THE LAW RATHER THAN UNDER THE WILL OF LANTA V. HAUK AND IS THEREFORE NOT BOUND BY ANY PROVISION OF HER LATE HUSBAND'S WILL. YOUR ATTENTION IS DIRECTED TO THE CASE OF BEERS V. - HELD THAT SUCH CHECKS "ARE FREELY TRANSFERABLE BY HIM. THE UNITED STATES IS AFFORDED AMPLE ACQUITTANCE AGAINST ANY CLAIM THAT MIGHT ARISE IN THE MATTER OF THE LANTA V. REGARDING YOUR INQUIRY AS TO THE RIGHTS OF APPEAL WHICH ARE AVAILABLE TO YOUR CLIENT IN THE MATTER. THERE IS NO RIGHT OF APPEAL AS SUCH FROM THE DECISIONS OF OUR OFFICE. ATTENTION IS INVITED TO SECTION 1346.

B-145325, APR. 11, 1961

TO MR. EMERSON J. BRUNNER:

YOUR LETTER OF FEBRUARY 6, 1961, TO THE SOCIAL SECURITY ADMINISTRATION ON BEHALF OF MRS. LEOTA F. HAUK, SURVIVING WIDOW OF LANTA V. HAUK, HAS BEEN FORWARDED TO OUR OFFICE FOR REPLY.

ON NOVEMBER 22, 1960, OUR OFFICE AUTHORIZED PAYMENT TO BETTY HAUK SPENCER, AS EXECUTRIX OF THE WILL OF LANTA V. HAUK, DECEASED, THE AMOUNT OF $968, COVERING THE PROCEEDS OF CANCELLED SOCIAL SECURITY CHECK NO. 46,817,461 DRAWN AUGUST 11, 1960, TO THE ORDER OF LANTA V. HAUK. IN YOUR LETTER OF FEBRUARY 6, YOU ASK TO BE ADVISED OF THE AUTHORITY OF OUR OFFICE IN TAKING SUCH ACTION INASMUCH AS YOUR CLIENT HAS TIMELY ELECTED TO TAKE UNDER THE LAW RATHER THAN UNDER THE WILL OF LANTA V. HAUK AND IS THEREFORE NOT BOUND BY ANY PROVISION OF HER LATE HUSBAND'S WILL.

YOUR ATTENTION IS DIRECTED TO THE CASE OF BEERS V. FEDERAL SECURITY ADMINISTRATOR, ET AL., 177 F.2D 34, 36, WHERE THE COURT--- IN CONSIDERING THE STATUS OF UNNEGOTIATED SOCIAL SECURITY CHECKS OF DECEDENTS--- HELD THAT SUCH CHECKS "ARE FREELY TRANSFERABLE BY HIM, AND ON HIS DEATH PASS BY OPERATION OF LAW TO HIS EXECUTOR OR ADMINISTRATOR.' SEE ALSO, GARDNER V. EWING, 88 F.SUPP. 315.

AT THE TIME OF OUR SETTLEMENT OF NOVEMBER 22, 1950, THERE HAD BEEN SUBMITTED TO OUR OFFICE A CLAIM BY BETTY HAUK SPENCER AS EXECUTRIX OF THE ESTATE OF LANTA V. HAUK TO THE PROCEEDS OF THE UNNEGOTIATED CHECK ALONG WITH A COPY OF LETTERS TESTAMENTARY NAMING HER AS EXECUTRIX OF HER FATHER'S ESTATE. ON THIS RECORD, THE UNITED STATES IS AFFORDED AMPLE ACQUITTANCE AGAINST ANY CLAIM THAT MIGHT ARISE IN THE MATTER OF THE LANTA V. HAUK ESTATE.

REGARDING YOUR INQUIRY AS TO THE RIGHTS OF APPEAL WHICH ARE AVAILABLE TO YOUR CLIENT IN THE MATTER, THERE IS NO RIGHT OF APPEAL AS SUCH FROM THE DECISIONS OF OUR OFFICE. HOWEVER, ATTENTION IS INVITED TO SECTION 1346, TITLE 28, U.S.C. CONCERNING THE JURISDICTION OF THE DISTRICT COURTS OF THE UNITED STATES AND THE COURT OF CLAIMS AS TO CERTAIN CIVIL ACTIONS OR CLAIMS AGAINST THE UNITED STATES, NOT EXCEEDING $10,000 IN AMOUNT.