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B-86960, APR. 2, 1964

B-86960 Apr 02, 1964
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TO MISS AURORA GERONIMO: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 16. WHICH WAS ASSERTED ON THE BASIS THAT HE WAS THE NEXT OF KIN OF THE LATE JOHN NEVIS. WAS DISALLOWED BY THE SETTLEMENT OF OCTOBER 25. FOR THE REASON THAT HE WAS NOT AN HEIR OF THE DECEDENT WITHIN THE PROVISIONS OF THE ACT OF FEBRUARY 25. THAT THE EVIDENCE DID NOT ESTABLISH THAT HE WAS HIS LEGALLY ADOPTED SON. TO HIM IT WAS EXPLAINED THAT WE WERE AUTHORIZED BY THE ACT OF FEBRUARY 25. ONLY TO A PERSON WHO WAS WITHIN THE CLASSES OF PERSONS DESIGNATED UNDER THE ACT. NEVIS WAS DOMICILED ON THE DATE OF HIS DEATH AND. WE ARE WITHOUT AUTHORITY TO RECOGNIZE A CLAIM PRESENTED BY HIM AS ADMINISTRATOR. ALSO WE POINTED OUT TO YOU THAT THERE WERE NO HEIRS OR CREDITORS OF THE ESTATE AND.

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B-86960, APR. 2, 1964

TO MISS AURORA GERONIMO:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 16, 1964, CONCERNING OUR DECISION TO YOU DATED JANUARY 27, 1964, B-86960. IN THAT DECISION WE AFFIRMED OUR DECISION OF JULY 25, 1949, B-86960, SUSTAINING THE ACTION OF OUR CLAIMS DIVISION IN SETTLEMENT DATED OCTOBER 25, 1948, WHICH DISALLOWED THE CLAIM OF YOUR FATHER, JUAN GERONIMO, NOW DECEASED, FOR ARREARS OF PAY IN THE CASE OF THE LATE JOHN NEVIS, CHIEF GUNNER'S MATE, UNITED STATES NAVY (RETIRED).

MR. GERONIMO'S CLAIM, WHICH WAS ASSERTED ON THE BASIS THAT HE WAS THE NEXT OF KIN OF THE LATE JOHN NEVIS, WAS DISALLOWED BY THE SETTLEMENT OF OCTOBER 25, 1948, FOR THE REASON THAT HE WAS NOT AN HEIR OF THE DECEDENT WITHIN THE PROVISIONS OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, AND THAT THE EVIDENCE DID NOT ESTABLISH THAT HE WAS HIS LEGALLY ADOPTED SON. IN OUR DECISION OF JULY 25, 1949, TO HIM IT WAS EXPLAINED THAT WE WERE AUTHORIZED BY THE ACT OF FEBRUARY 25, 1946, TO ALLOW ARREARS OF PAY DUE JOHN NEVIS TO A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE AND, IN THE ABSENCE OF A CLAIM FROM SUCH REPRESENTATIVE, ONLY TO A PERSON WHO WAS WITHIN THE CLASSES OF PERSONS DESIGNATED UNDER THE ACT. IN THE DECISION OF JANUARY 27, 1964, TO YOU, WE EXPLAINED THAT YOUR FATHER COULD NOT QUALIFY AS THE DULY APPOINTED REPRESENTATIVE OF THE ESTATE OF JOHN NEVIS SINCE HE HAD NOT BEEN APPOINTED BY A PROPER COURT HAVING PROBATE JURISDICTION AT THE PLACE WHERE MR. NEVIS WAS DOMICILED ON THE DATE OF HIS DEATH AND, CONSEQUENTLY, WE ARE WITHOUT AUTHORITY TO RECOGNIZE A CLAIM PRESENTED BY HIM AS ADMINISTRATOR. ALSO WE POINTED OUT TO YOU THAT THERE WERE NO HEIRS OR CREDITORS OF THE ESTATE AND, HENCE, EVEN IF YOUR FATHER HAD BEEN APPOINTED THE ADMINISTRATOR OF THE ESTATE, ANY CLAIM PRESENTED BY HIM IN THAT CAPACITY COULD NOT HAVE BEEN FAVORABLY CONSIDERED.

IN YOUR PRESENT LETTER YOU URGE THAT, WHILE IT IS TRUE THAT YOUR FATHER WAS NOT LEGALLY APPOINTED THE ADMINISTRATOR OF THE ESTATE OF JOHN NEVIS, THE REQUIREMENTS OF THE ACT OF FEBRUARY 25, 1946, IN THAT RESPECT SHOULD BE WAIVED IN HIS CASE FOR THE REASON THAT THE STATUTE DID NOT CONTEMPLATE SITUATIONS SUCH AS EXISTED IN MANILA WHILE THE WAR WAS RAGING WHERE THE COURTS WERE UNABLE TO PERFORM THEIR LEGAL FUNCTIONS. IN ADDITION YOU EXPRESS THE VIEW THAT YOUR FATHER SHOULD BE REGARDED AS A CREDITOR OF JOHN NEVIS BECAUSE HE HAD NOT BEEN PAID FOR THE CARE THAT HE EXTENDED TO MR. NEVIS AND HIS WIFE.

WHILE WE APPRECIATE YOUR FEELINGS IN THIS MATTER, WE TRUST YOU WILL UNDERSTAND THAT OUR OFFICE IS WITHOUT AUTHORITY TO WAIVE OR MAKE ANY EXCEPTIONS TO THE REQUIREMENTS OF THE ACT OF FEBRUARY 25, 1946. WITH REFERENCE TO YOUR SUGGESTION THAT YOUR FATHER SHOULD BE REGARDED AS A CREDITOR OF JOHN NEVIS, OUR RECORDS SHOW THAT HE CONSIDERED HIMSELF TO BE THE ADOPTED SON OF JOHN NEVIS, AND THAT HE LOOKED AFTER HIM OUT OF LOVE AND AFFECTION WHICH A SON BEARS TOWARDS A PARENT. A DEBTOR CREDITOR RELATIONSHIP FOR PURPOSES OF RECOGNIZING THE CLAIM OF A LEGAL REPRESENTATIVE UNDER THE ACT OF FEBRUARY 25, 1946, DOES NOT ARISE IN SUCH CIRCUMSTANCES.

ACCORDINGLY THERE IS NO LEGAL BASIS UPON WHICH WE MAY ALLOW THE AMOUNT DUE TO YOU.

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