B-155374, DEC. 17, 1964

B-155374: Dec 17, 1964

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SUBMITTED BY YOU THROUGH THE DIRECTOR OF THE MINT FOR A DECISION AS TO WHICH OF THE SEVERAL CLASSES OF CLAIMANTS IS ENTITLED TO BE PAID UNDER THE ACT OF AUGUST 3. THE DECEDENT DOMINICK MANISCALCO WAS SURVIVED ONLY BY PAUL MANISCALCO AND MILDRED SMITH. TWO CHILDREN BY A FORMER MARRIAGE BY HIM WHICH MARRIAGE WAS DISSOLVED BY AN ABSOLUTE DIVORCE ON SEPTEMBER 20. EACH OF SUCH CHILDREN IS ENTITLED TO PAYMENT OF ONE-HALF OF THE NET AMOUNT DUE. THE PAPERS RELATING TO THE AUTHORIZED PAYMENT ARE ENCLOSED HEREWITH. THE EVIDENCE BEFORE US FURTHER ESTABLISHES THAT RUTH MANISCALCO IS NOT A WIDOW OF DOMINICK MANISCALCO AND THAT THE MINOR CHILD BORN OF THE RELATIONSHIP BETWEEN THEM CANNOT BE A PROPER CLAIMANT SINCE THE AMOUNT DUE UNDER THE ACT OF AUGUST 3.

B-155374, DEC. 17, 1964

TO MR. JOSEPH F. NUGENT, AUTHORIZED CERTIFYING OFFICER, TREASURY DEPARTMENT:

WE REFER TO A VOUCHER IN THE AMOUNT OF $1,338.61 REPRESENTING UNPAID COMPENSATION DUE DOMINICK MANISCALCO, A DECEASED FORMER EMPLOYEE OF THE U.S. ASSAY OFFICE, NEW YORK, NEW YORK, SUBMITTED BY YOU THROUGH THE DIRECTOR OF THE MINT FOR A DECISION AS TO WHICH OF THE SEVERAL CLASSES OF CLAIMANTS IS ENTITLED TO BE PAID UNDER THE ACT OF AUGUST 3, 1950, 64 STAT. 395, 5 U.S.C. 61F.

ON THE BASIS OF ADDITIONAL EVIDENCE OBTAINED FROM THE CLIMANTS WE FIND THAT WITHIN THE PURVIEW OF THE ABOVE STATUTE, THE DECEDENT DOMINICK MANISCALCO WAS SURVIVED ONLY BY PAUL MANISCALCO AND MILDRED SMITH, TWO CHILDREN BY A FORMER MARRIAGE BY HIM WHICH MARRIAGE WAS DISSOLVED BY AN ABSOLUTE DIVORCE ON SEPTEMBER 20, 1957. THEREFORE, EACH OF SUCH CHILDREN IS ENTITLED TO PAYMENT OF ONE-HALF OF THE NET AMOUNT DUE.

ATTORNEY LOUIS ETTORE SILVEY OF AMENDOLA AND SILVY, CORRESPONDING ON BEHALF OF THE ABOVE-NAMED CHILDREN HAS NOT SUBMITTED TO OUR OFFICE A POWER OF ATTORNEY AND ON THE PRESENT RECORD THE CHECKS WOULD BE FOR DELIVERY DIRECTLY TO THE CLAIMANTS AT THEIR ADDRESSES OF RECORD WITH NOTIFICATION THEREOF TO THE ATTORNEY.

A VOUCHER PREPARED IN ACCORDANCE WITH THE FOREGOING PROPERLY MAY BE CERTIFIED FOR PAYMENT TO PAUL MANISCALCO AND MILDRED SMITH, RESPECTIVELY. THE PAPERS RELATING TO THE AUTHORIZED PAYMENT ARE ENCLOSED HEREWITH.

THE EVIDENCE BEFORE US FURTHER ESTABLISHES THAT RUTH MANISCALCO IS NOT A WIDOW OF DOMINICK MANISCALCO AND THAT THE MINOR CHILD BORN OF THE RELATIONSHIP BETWEEN THEM CANNOT BE A PROPER CLAIMANT SINCE THE AMOUNT DUE UNDER THE ACT OF AUGUST 3, 1950, IS NOT IN THIS INSTANCE AN ASSET OF THE DECEDENT'S ESTATE. BECAUSE OF THE SEVERAL FACETS OF THE CLAIM OF RUTH MANISCALCO, BOTH AS WIDOW AND AS LEGAL GUARDIAN OF THE MINOR CHILD, WE ARE REFERRING HER CLAIM TO OUR CLAIMS DIVISION FOR DISALLOWANCE BY DIRECT SETTLEMENT.