B-149254, AUG. 15, 1962

B-149254: Aug 15, 1962

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YOUR CLAIM IS MADE AS ADMINISTRATRIX OF JAMES MIDDLETON'S ESTATE AND THE AMOUNT SOUGHT REPRESENTS COMPENSATION EARNED INCIDENT TO MR. THERE WAS ENCLOSED WITH THE LETTER OF JULY 26.

B-149254, AUG. 15, 1962

TO MRS. CATHERINE J. GLOVER:

ON JULY 26, 1962, MR. BERNARD R. FIELDING, ATTORNEY FOR THE ESTATE OF JAMES MIDDLETON, DECEASED, WROTE TO OUR OFFICE IN YOUR BEHALF CONCERNING YOUR CLAIM TO COMPENSATION DUE JAMES MIDDLETON AT THE TIME OF HIS DEATH. YOUR CLAIM IS MADE AS ADMINISTRATRIX OF JAMES MIDDLETON'S ESTATE AND THE AMOUNT SOUGHT REPRESENTS COMPENSATION EARNED INCIDENT TO MR. MIDDLETON'S EMPLOYMENT BY THE DEPARTMENT OF THE NAVY AT THE CHARLESTON NAVAL SHIPYARD, CHARLESTON, SOUTH CAROLINA.

AS POINTED OUT TO YOU IN OUR SETTLEMENT OF JULY 19, 1962, THE RECORD INDICATES THAT THE DECEASED LEFT SURVIVING A COMMON-LAW WIFE WHO, UNDER SECTION 1 OF THE ACT OF AUGUST 3, 1950, CH. 518, 64 STAT. 395, 5 U.S.C. 61F, HAS SUPERIOR CLAIM TO THE COMPENSATION INVOLVED.

THERE WAS ENCLOSED WITH THE LETTER OF JULY 26, 1962, AND IN PREVIOUS CORRESPONDENCE, A COPY OF AN INSTRUMENT EXECUTED BY YOU ON APRIL 20, 1962, WHICH PURPORTS TO EVIDENCE AN AGREEMENT BETWEEN YOU AND ELIZABETH SMITH, THE ALLEGED COMMON-LAW WIFE OF THE DECEASED. THIS DOCUMENT STATES THAT FOR CERTAIN CONSIDERATIONS, ELIZABETH SMITH AGREED TO EXECUTE A RELEASE TO ALL CLAIMS AND DEMANDS AGAINST THE ESTATE OF THE DECEASED. THE FILES IN OUR OFFICE FAIL TO SHOW THAT SUCH A RELEASE HAS IN FACT BEEN EXECUTED BY ELIZABETH SMITH.

ON THE PRESENT RECORD, WE MUST SUSTAIN OUR PREVIOUS ACTION IN THE MATTER WHICH DENIED YOUR CLAIM. WE WILL GIVE FURTHER CONSIDERATION TO YOUR CLAIM UPON RECEIPT OF A RELEASE DULY EXECUTED BY ELIZABETH SMITH WHICH SETS OUT THAT SHE WAIVES CLAIM TO ANY AMOUNTS DUE HER FROM THE ESTATE OF ..END :