B-65251, JUN. 14, 1957

B-65251: Jun 14, 1957

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MCGONIGLE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 29. AS YOU WERE ADVISED IN OUR LETTERS OF JANUARY 16. ONE-HALF OF THE PAY DUE YOUR LATE SON'S ESTATE WAS RESERVED FOR HIS SURVIVING FATHER PURSUANT TO SECTION 1 OF THE ACT OF FEBRUARY 25. COULD NOT BE ALLOWED MORE THAN ONE-HALF OF THE ARREARS OF PAY DUE THE ESTATE AS LONG AS THE DECEDENT'S FATHER IS STILL LIVING. FROM STATEMENTS IN YOUR LETTER IT APPEARS THE FATHER IS STILL ALIVE. YOU HAVE ALSO BEEN ADVISED THAT THE BALANCE DUE MAY BE ALLOWED A COURT APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE. PROVIDED A CLAIM BY SUCH REPRESENTATIVE IS ACCOMPANIED BY AN AUTHENTICATED COPY OR CERTIFICATE OF APPOINTMENT. WHILE YOU MAKE A STATEMENT IN THE RECENT LETTER TO THE EFFECT THAT SUCH PAPERS WERE SENT TO WASHINGTON.

B-65251, JUN. 14, 1957

TO MRS. EDNA R. MCGONIGLE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 29, 1956, IN WHICH YOU ONCE AGAIN REQUEST TO BE PAID THE BALANCE OF ACCRUED PAY IN THE CASE OF YOUR LATE SON, WILLIAM THOMAS MCGONIGLE, JR., CORPORAL, UNITED STATES MARINE CORPS RESERVE, DECEASED.

AS YOU WERE ADVISED IN OUR LETTERS OF JANUARY 16, 1947, APRIL 17, 1947, MAY 11, 1948, MARCH 15, 1949, DECEMBER 4, 1950, AND SEPTEMBER 26, 1951, ONE-HALF OF THE PAY DUE YOUR LATE SON'S ESTATE WAS RESERVED FOR HIS SURVIVING FATHER PURSUANT TO SECTION 1 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30. IT HAS BEEN REPEATEDLY EXPLAINED THAT, UNDER THE MANDATORY PROVISIONS OF THIS LAW, YOU, AS MOTHER OF THE DECEDENT, COULD NOT BE ALLOWED MORE THAN ONE-HALF OF THE ARREARS OF PAY DUE THE ESTATE AS LONG AS THE DECEDENT'S FATHER IS STILL LIVING. FROM STATEMENTS IN YOUR LETTER IT APPEARS THE FATHER IS STILL ALIVE.

YOU HAVE ALSO BEEN ADVISED THAT THE BALANCE DUE MAY BE ALLOWED A COURT APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, PROVIDED A CLAIM BY SUCH REPRESENTATIVE IS ACCOMPANIED BY AN AUTHENTICATED COPY OR CERTIFICATE OF APPOINTMENT. WHILE YOU MAKE A STATEMENT IN THE RECENT LETTER TO THE EFFECT THAT SUCH PAPERS WERE SENT TO WASHINGTON, THEY ARE NOT ON FILE IN THE GENERAL ACCOUNTING OFFICE. IN OTHER WORDS, NO ADMINISTRATRIX HAS FILED A CLAIM FOR THE UNPAID PORTION OF YOUR LATE SON'S ARREARS OF PAY.

THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, PROVIDES, IN PART, AS FOLLOWS:

"THAT EVERY CLAIM OR DEMAND EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: * * *"

PURSUANT TO THE TERMS OF THIS STATUTE ANY CLAIM NOW RECEIVED IN THIS OFFICE FROM THE FATHER OR FROM AN ADMINISTRATRIX WOULD BE BARRED SINCE CORPORAL MCGONIGLE DIED ON MAY 11, 1945. IN THE CIRCUMSTANCES WE ARE PRECLUDED FROM ALLOWING THE REMAINING ONE-HALF SHARE OF THE PAY TO ANYBODY, INCLUDING YOU, MOTHER OF THE DECEDENT, THE DECEDENT'S FATHER, OR A DULY APPOINTED ADMINISTRATRIX OF YOUR LATE SON'S ESTATE.