B-125652, OCT. 22, 1959

B-125652, OCT. 22, 1959

TO MRS. MURIEL NUGENT RICHIE:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 13, 1959, FORWARDED HERE BY THE CLAIMS DIVISION, FINANCE CENTER, U.S. ARMY, CONCERNING YOUR CLAIM FOR THE ARREARS OF PAY DUE YOUR LATE COUSIN, ROBERT M. NUGENT, SERGEANT, U.S. ARMY, WHO DIED IN THE MILITARY SERVICE ON JANUARY 17, 1955.

BY OUR DECISION, B-125652, DECEMBER 16, 1955, AND LETTER DATED MARCH 29, 1955, FROM OUR CLAIMS DIVISION, YOU WERE ADVISED THAT A COUSIN IS NOT INCLUDED WITHIN THE CLASSES OF HEIRS TO WHOM PAYMENT OF ARREARS OF PAY IS AUTHORIZED UNDER THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED. YOU STATE IN YOUR LETTER OF AUGUST 13, 1959, THAT YOU ARE IN POSSESSION OF A PAPER IN THE HANDWRITING OF SERGEANT NUGENT,"WITH NOTATION OF AMOUNTS DUE," WHICH YOU REQUEST BE PAID TO YOU. YOU ALSO STATE THAT YOU BELIEVE YOU ARE HIS DESIGNATED BENEFICIARY AND THAT SERGEANT NUGENT ANTICIPATED THAT THE ARREARS OF PAY DUE HIM AT THE TIME OF HIS DEATH WOULD BE PAID TO YOU.

IT HAS PREVIOUSLY BEEN POINTED OUT TO YOU THAT THE ONLY AUTHORITY FOR THE SETTLEMENT OF THE ACCOUNTS OF DECEASED PERSONNEL OF THE ARMY AT THE TIME OF YOUR LATE COUSIN'S DEATH WAS THE ACT OF JUNE 30, 1906, AS AMENDED BY THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, WHICH SET OUT THE ORDER OF PRECEDENCE OF THE HEIRS TO WHOM PAYMENT MAY BE MADE IN THE ABSENCE OF A DEMAND FROM A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE OF THE DECEDENT. COUSINS ARE NOT INCLUDED WITHIN ANY OF THE CLASSES LISTED, THE STATUTE GOING NO FURTHER THAN BROTHERS AND SISTERS AND CHILDREN OF DECEASED BROTHERS AND SISTERS. SINCE NO PROVISION FOR THE DESIGNATION OF A BENEFICIARY WAS INCLUDED IN THE ACT, THE BROTHERS AND SISTERS OF SERGEANT NUGENT, IF ANY SURVIVE, WOULD BE PREFERRED DISTRIBUTEES WHERE NO DEMAND HAS BEEN MADE BY A PROPERLY APPOINTED LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE. THE FACT THAT SERGEANT NUGENT MAY HAVE MADE A DESIGNATION EFFECTIVE FOR THE PURPOSE OF AUTHORIZING THE PAYMENT OF OTHER BENEFITS TO YOU AFFORDS NO LEGAL BASIS FOR THE ALLOWANCE OF THE ARREARS OF PAY DUE HIM AT HIS DEATH, SINCE THE PAYMENT OF OTHER BENEFITS IS ADMINISTERED UNDER SEPARATE AND DISTINCT STATUTES.

YOU WERE ALSO INFORMED THAT NO PROVISION IS INCLUDED IN THE ACT OF JUNE 30, 1906, AS AMENDED BY THE ACT OF FEBRUARY 25,1956, FOR PAYMENT OF GENERAL CREDITORS OF THE DECEDENT'S ESTATE. CREDITORS OF THE DECEDENT MAY ONLY BE PAID THROUGH A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, THAT IS, AN EXECUTOR OR ADMINISTRATOR DULY APPOINTED IN THE STATE WHERE THE DECEDENT WAS DOMICILED AT DEATH. YOU HAVE NOT INDICATED THAT SUCH A LEGAL REPRESENTATIVE HAS BEEN APPOINTED OR, IF APPOINTED, THAT YOUR CLAIM AGAINST THE ESTATE HAS BEEN ALLOWED BY THE PROBATE COURT.

YOUR LETTER OF AUGUST 13, 1959, HAS NOT PROVIDED ADDITIONAL FACTS WARRANTING PAYMENT OF YOUR CLAIM AND OUR DECISION OF DECEMBER 10, 1955, B- 125652, IS AFFIRMED.