B-149413, AUG. 2, 1963
Highlights
WHICH WAS PAID TO MRS. THE MATTER WAS THE SUBJECT OF OUR DECISION OF MAY 1. IS NOT THE WIDOW OF THE DECEDENT. ANNIE MAE DARNEAL HAVE BEEN UNSUCCESSFUL AND IN VIEW OF THE LAPSE OF TIME BEFORE YOUR CLAIM WAS MADE. THERE IS NOTHING FURTHER WE MAY DO IN THAT REGARD. - EVEN IF HER IDENTITY AND WHEREABOUTS WERE KNOWN.
B-149413, AUG. 2, 1963
TO MRS. DIMPLE DARNEAL:
WE REFER TO YOUR LETTER OF MAY 29, 1963, CONCERNING YOUR CLAIM FOR THE UNPAID COMPENSATION DUE ROBERT A. DARNEAL, DECEASED, WHICH WAS PAID TO MRS. ANNIE MAE DARNEAL IN JULY 1954. THE MATTER WAS THE SUBJECT OF OUR DECISION OF MAY 1, 1963, B-149413, TO YOU, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM.
YOU ASK THAT WE FURTHER INVESTIGATE THE MATTER TO ESTABLISH THAT THE ABOVE-NAMED PAYEE, WHO YOU SAY RESIDES AT 1731 PECK AVENUE, SAN ANTONIO, TEXAS, IS NOT THE WIDOW OF THE DECEDENT. AS WE INFORMED YOU, OUR EFFORTS TO ESTABLISH THE IDENTITY AND WHEREABOUTS OF MRS. ANNIE MAE DARNEAL HAVE BEEN UNSUCCESSFUL AND IN VIEW OF THE LAPSE OF TIME BEFORE YOUR CLAIM WAS MADE, THERE IS NOTHING FURTHER WE MAY DO IN THAT REGARD. THUS, WE MUST CONCLUDE THAT THE AMOUNT OF THE PAYMENT CANNOT BE RECOVERED FROM ANNIE MAE DARNEAL FOR PAYMENT TO YOU.
YOU DID NOT FILE A CLAIM FOR THE AMOUNT DUE UNTIL DECEMBER 1961, SOME 6 1/2 YEARS AFTER THE DEATH OF YOUR HUSBAND WHEN RECORDS SUPPORTING THE PAYMENT TO THE ALLEGED WIDOW HAD BEEN DESTROYED AND THE POSSIBILITY OF RECOVERING FROM THE ALLEGED WRONGFUL PAYEE--- EVEN IF HER IDENTITY AND WHEREABOUTS WERE KNOWN--- HAD BECOME REMOTE.
IN THE CIRCUMSTANCES WE CANNOT BUT CONCLUDE THAT YOU CONTRIBUTED TO THE SITUATION BY YOUR DELAY IN FILING CLAIM AND THAT IN FAIRNESS TO ALL WE MUST INTERPOSE THE DEFENSE OF LACHES.
THEREFORE, GENERAL ACCOUNTING OFFICE DECISION OF AUGUST 31, 1962, WHICH DISALLOWED YOUR CLAIM, ..END :