B-29711, DEC 7, 1942

B-29711: Dec 7, 1942

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ARMY: THERE WAS RECEIVED BY FIRST INDORSEMENT OF OCTOBER 17. IN RESPONSE TO QUESTION 12 ON THE REVERSE SIDE OF THE VOUCHER IT IS STATED THAT CLAIM IS MADE BY HESTER FOSTER BRADLEY. YOUR QUESTION IS WHETHER THE EXECUTION OF THE VOUCHER BY MRS. BRADLEY IS SUFFICIENT TO AUTHORIZE PAYMENT THEREON. UNLESS THEY ARE FREELY MADE AND EXECUTED IN THE PRESENCE OF AT LEAST TWO ATTESTING WITNESSES. IN SUCH CASES THE CHECK IS REQUIRED TO BE DRAWN IN FAVOR OF THE OFFICER OR MAN. THAT IS. THAT INSOFAR AS PAYMENTS DUE FROM THE GOVERNMENT ARE CONCERNED. THE POWER OF ATTORNEY IN THE PRESENT CASE IS SIGNED BY THE PRINCIPAL. OR WHICH ARE NOW OR MAY BECOME DUE. THE AUTHORITY VESTED IN THE ATTORNEY IN FACT IS SUFFICIENT TO AUTHORIZE THE EXECUTION BY HER OF THE VOUCHER HERE INVOLVED AND.

B-29711, DEC 7, 1942

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL CARL WITCHER, F.D., U.S. ARMY:

THERE WAS RECEIVED BY FIRST INDORSEMENT OF OCTOBER 17, 1942, AN UNDATED LETTER WITH WHICH YOU TRANSMITTED A VOUCHER IN THE AMOUNT OF $1,500 STATED IN FAVOR OF MAJOR GENERAL FOLLETT BRADLEY, UNITED STATES ARMY, FATHER AND DESIGNATED DEPENDENT RELATIVE TO RECEIVE THE SIX MONTHS' DEATH GRATUITY OF THE LATE FOLLETT BRADLEY, JR., SERIAL NO. 0 21507, FIRST LIEUTENANT, ARMY AIR CORPS, WHO DIED JUNE 22, 1941. IN RESPONSE TO QUESTION 12 ON THE REVERSE SIDE OF THE VOUCHER IT IS STATED THAT CLAIM IS MADE BY HESTER FOSTER BRADLEY, WIFE OF MAJOR GENERAL FOLLETT BRADLEY, BY VIRTUE OF A POWER OF ATTORNEY DATED JUNE 26, 1942, AND THE VOUCHER HAS BEEN SIGNED IN HIS NAME BY HESTER F. BRADLEY, GIVING HIS ADDRESS AS "OVERSEAS" AND HER ADDRESS AS MITCHEL FIELD, N.Y. AN ORIGINAL OF THE POWER OF ATTORNEY HAS BEEN FURNISHED. YOUR QUESTION IS WHETHER THE EXECUTION OF THE VOUCHER BY MRS. BRADLEY IS SUFFICIENT TO AUTHORIZE PAYMENT THEREON.

SECTION 3477, REVISED STATUES, PROVIDES IN PART:

"ALL TRANSFERS AND ASSIGNMENTS MADE OF ANY CLAIM UPON THE UNITED STATES, OR OF ANY PART OR SHARE THEREOF, OR INTEREST THEREIN, WHETHER ABSOLUTE OR CONDITIONAL, AND WHATEVER MAY BE THE CONSIDERATION THEREFOR, AND ALL POWERS OF ATTORNEY, ORDERS, OR OTHER AUTHORITIES FOR RECEIVING PAYMENT OR ANY SUCH CLAIM, OR OF ANY PART OR SHARE THEREOF, SHALL BE ABSOLUTELY NULL AND VOID, UNLESS THEY ARE FREELY MADE AND EXECUTED IN THE PRESENCE OF AT LEAST TWO ATTESTING WITNESSES, AFTER THE ALLOWANCE OF SUCH A CLAIM, THE ASCERTAINMENT OF THE AMOUNT DUE, AND THE ISSUING OF A WARRANT FOR THE PAYMENT THEREOF. ***"

IT HAS BEEN HELD THAT WHERE MILITARY PERSONNEL FOR WHOM THE LAW AUTHORIZED TRANSPORTATION OF THE DEPENDENTS OR REIMBURSEMENT THEREFOR, OR ORDERED TO MAKE A PERMANENT CHANGE OF STATION FROM A STATION WITHIN THE UNITED STATES TO AN UNDISCLOSED DESTINATION OVERSEAS, VOUCHERS STATED IN FAVOR OF THE OFFICER, WARRANT OFFICER OR ENLISTED MAN, AS THE CASE MAY BE, REPRESENTING PAYMENTS WITHIN THE LAW, MAY BE SIGNED ON HIS BEHALF BY NEAR RELATIVES OF THE OFFICER OR MAN INVOLVED UNDER A PROPER POWER OF ATTORNEY. HOWEVER, IN SUCH CASES THE CHECK IS REQUIRED TO BE DRAWN IN FAVOR OF THE OFFICER OR MAN, THAT IS, THE PERSON HAVING THE RIGHT UNDER THE STATUTE. B-23265, FEBRUARY 21, 1942, IT HAS BEEN HELD, ALSO, THAT INSOFAR AS PAYMENTS DUE FROM THE GOVERNMENT ARE CONCERNED, A POWER OF ATTORNEY TO EXECUTE VOUCHERS CAN BE RECOGNIZED ONLY IN CASES WHERE THE AMOUNT CLAIMED ON HIS BEHALF BY AN AGENT OR ATTORNEY IN FACT REPRESENTS A CHARACTER OF ALLOWANCE WHICH CANNOT BE PAID TO THE PRINCIPAL BY A PAYMASTER OF THE ARMY WHERE HE MAY BE ON DUTY. B-28292, SEPTEMBER 21, 1942, 22 COMP.GEN. 258.

THE POWER OF ATTORNEY IN THE PRESENT CASE IS SIGNED BY THE PRINCIPAL; HIS SIGNATURE HAS BEEN WITNESSED BY TWO PERSONS AND THE EXECUTION OF THE INSTRUMENT HAS BEEN ACKNOWLEDGED BY HIM BEFORE A NOTARY PUBLIC. APPOINTS HIS WIFE HESTER FOSTER BRADLEY HIS ATTORNEY IN FACT, AND, AMONG OTHER THINGS, AUTHORIZES HER FOR HIM AND IN HIS NAME, PLACE AND STEAD--

"2. TO DEMAND, SUE FOR, AND RECEIVE ALL DEBTS, MONEYS, SECURITIES FOR MONEY, GOODS CHATTELS, LEGACIES, OR OTHER PERSONAL PROPERTY TO WHICH I AM NOW OR MAY HEREAFTER BECOME ENTITLES, OR WHICH ARE NOW OR MAY BECOME DUE, OWING, OR PAYABLE TO ME FROM ANY PERSON OR PERSONS WHOMSOEVER, AND IN MY NAME TO GIVE EFFECTUAL RECEIPTS AND DISCHARGES FOR THE SAME.

"5. TO RECEIPT ANY BILL OF EXCHANGE, CHECK, OR ORDER, OR ANY PROMISSORY NOTE OR OTHER NEGOTIABLE PAPER, PAYABLE TO ME, OR TO INDORSE OR NEGOTIATE THE SAME IN MY NAME, AND THE PROCEEDS TO RECEIVE AND APPLY, AS SHE SHALL SEE FIT; AND ALSO IN MY NAME TO ACCEPT ANY DRAFT OR BILL OF EXCHANGE WHICH MAY BE DRAWN UPON ME IN RELATION TO THE MATTERS AFORESAID COMMITTED OR INTRUSTED TO MY SAID ATTORNEY.

"10. AND GENERALLY TO ACT AS MY ATTORNEY OR AGENT IN RELATION TO THE PREMISES, AND ALL OTHER MATTERS IN WHICH I MAY BE INTERESTED OR CONCERNED, AND ON MY BEHALF TO EXECUTE ALL SUCH INSTRUMENTS, AND TO DO ALL SUCH ACTS AND THINGS, AS FULLY AND EFFECTUALLY IN ALL RESPECTS AS I MYSELF COULD DO IF PERSONALLY PRESENT.

"12. TO EXECUTE VOUCHERS IN MY BEHALF FOR ANY AND ALL ALLOWANCES AND REIMBURSEMENTS PROPERLY PAYABLE TO ME BY THE UNITED STATES, INCLUDING BUT NOT RESTRICTED TO ALLOWANCES AND REIMBURSEMENTS FOR TRANSPORTATION OF DEPENDENTS OR FOR SHIPMENT OF HOUSEHOLD EFFECTS AS AUTHORIZED BY LAW AND ARMY REGULATIONS, AND TO RECEIVE, INDORSE, AND COLLECT THE PROCEEDS OF CHECKS PAYABLE TO THE ORDER OF THE UNDERSIGNED DRAWN ON THE TREASURER OF THE UNITED STATES."

THE AUTHORITY VESTED IN THE ATTORNEY IN FACT IS SUFFICIENT TO AUTHORIZE THE EXECUTION BY HER OF THE VOUCHER HERE INVOLVED AND, WITH THE UNDERSTANDING THAT IN NO EVENT CAN THE AMOUNT OF THE CLAIM BE PAID TO THE PRINCIPAL BY SOME OTHER PAYMASTER OF THE ARMY, PAYMENT THEREON, IF OTHERWISE CORRECT, IS AUTHORIZED. THE VOUCHER AND RELATED PAPERS ARE RETURNED HEREWITH.