B-168757, JAN 21, 1972

B-168757: Jan 21, 1972

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THE DISALLOWANCE OF THE CLAIM IS SUSTAINED AND PAYMENT OF THE AMOUNT DUE IS AUTHORIZED TO MRS. YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF OCTOBER 3. FOR THE REASON THAT YOU HAD NOT SUFFICIENTLY ESTABLISHED THAT YOUR CLAIM WAS SUPERIOR TO THAT OF MRS. WERE RECEIVED IN THIS OFFICE. YOU WERE INFORMED BY LETTER B-168757. WE HAVE ACCEPTED AS A BASIS FOR PAYMENT INSTRUMENTS WHICH WOULD HAVE THE LEGAL EFFECT OF ESTOPPING PERSONS EXECUTING SUCH INSTRUMENTS FROM ASSERTING ANY FURTHER CLAIM TO THE AMOUNT DUE. WE HAVE RECEIVED WITH A LETTER FROM YOUR ATTORNEY DATED DECEMBER 7. TITLE AND INTEREST WHICH YOU HAVE TO THE SIX MONTHS' DEATH GRATUITY AND THE RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN ANNUITY PAYABLE TO THE SURVIVING WIDOW AS A RESULT OF THE DEATH OF JOHN D.

B-168757, JAN 21, 1972

MILITARY PERSONNEL - DEATH GRATUITY AND ANNUITY DECISION SUSTAINING DISALLOWANCE OF A CLAIM BY MRS. ROSAURA RECTOR FOR PAYMENT OF THE SIX MONTH'S DEATH GRATUITY AND ANNUITY PAYABLE UNDER THE RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN AS THE WIDOW OF JOHN D. RECTOR. SINCE AN INSTRUMENT SIGNED BY CLAIMANT RENOUNCING ALL RIGHTS TO THE ESTATE HAS BEEN RECEIVED BY THE COMP. GEN., THE DISALLOWANCE OF THE CLAIM IS SUSTAINED AND PAYMENT OF THE AMOUNT DUE IS AUTHORIZED TO MRS. ALICE RECTOR.

TO MRS. ROSAURA RECTOR:

THIS REFERS TO YOUR CLAIM FOR PAYMENT OF THE SIX MONTHS' DEATH GRATUITY AND ANNUITY PAYABLE UNDER THE RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN AS WIDOW OF JOHN D. RECTOR.

YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF OCTOBER 3, 1969, FOR THE REASON THAT YOU HAD NOT SUFFICIENTLY ESTABLISHED THAT YOUR CLAIM WAS SUPERIOR TO THAT OF MRS. ALICE C. RECTOR WHO ALSO HAD FILED A CLAIM AS THE WIDOW OF JOHN D. RECTOR.

LETTERS FROM YOUR ATTORNEY AND THE ATTORNEY REPRESENTING MRS. ALICE RECTOR, WHICH PROPOSED THAT A RELEASE BE EXECUTED BY ONE OF THE CLAIMANTS OF ALL RIGHTS, TITLE AND INTEREST IN THE CLAIM, IN ORDER TO EFFECT SETTLEMENT IN AN INTERPLEADER ACTION PENDING IN THE 14TH JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS, INVOLVING THE PROCEEDS OF A SERVICEMAN'S GROUP LIFE INSURANCE POLICY PAYABLE TO THE WIDOW OF JOHN D. RECTOR, WERE RECEIVED IN THIS OFFICE.

YOU WERE INFORMED BY LETTER B-168757, NOVEMBER 16, 1971, THAT GENERALLY, THIS OFFICE HAS NOT CONSIDERED A SIMPLE WAIVER OF A CLAIM AS AFFORDING A BASIS FOR PAYMENT OF THE AMOUNT DUE FROM THE UNITED STATES TO SOMEONE ELSE. IN CERTAIN CIRCUMSTANCES, HOWEVER, WE HAVE ACCEPTED AS A BASIS FOR PAYMENT INSTRUMENTS WHICH WOULD HAVE THE LEGAL EFFECT OF ESTOPPING PERSONS EXECUTING SUCH INSTRUMENTS FROM ASSERTING ANY FURTHER CLAIM TO THE AMOUNT DUE.

WE HAVE RECEIVED WITH A LETTER FROM YOUR ATTORNEY DATED DECEMBER 7, 1971, AN INSTRUMENT EXECUTED BY YOU DATED NOVEMBER 30, 1971, WHICH STATES THAT YOU RENOUNCE, RELINQUISH, AND RELEASE ANY AND ALL RIGHTS, TITLE AND INTEREST WHICH YOU HAVE TO THE SIX MONTHS' DEATH GRATUITY AND THE RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN ANNUITY PAYABLE TO THE SURVIVING WIDOW AS A RESULT OF THE DEATH OF JOHN D. RECTOR, FOR THE PURPOSE OF ALLOWING PAYMENT OF THE ABOVE BENEFITS TO MRS. ALICE C. RECTOR BY VIRTUE OF HER MARRIAGE TO JOHN D. RECTOR.

IN VIEW THEREOF WE ARE AUTHORIZING PAYMENT OF THE AMOUNTS DUE TO MRS. ALICE RECTOR AS WIDOW OF JOHN D. RECTOR.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.