B-142620, JUN. 14, 1960
Highlights
THE STATUS OF THE MATTER IS OUTLINED HEREINAFTER. WE NOW HAVE A LETTER FROM JUDGE GRAVES ADVISING US THAT HE HAS DISCUSSED THE MATTER WITH MEDICAL AUTHORITIES AND THAT. IF YOU FEEL YOU NOW ARE COMPETENT. THAT IN THE EVENT YOU ARE FOUND COMPETENT. THE COURT WILL CERTAINLY EXECUTE AN ORDER TO THAT EFFECT. WE SHOULD NOTE THAT THE FAVORABLE PSYCHIATRIC EVALUATION REPORTS YOU HAVE FURNISHED US WERE MADE BY PHYSICIANS WHO DO NOT RESIDE WITHIN THE JURISDICTION OF THE SAID COURT. WE ARE NOT AT LIBERTY TO ISSUE A SETTLEMENT IN YOUR FAVOR FOR THE FUNDS IN QUESTION. DAVISON ALSO WILL BE HELD IN ABEYANCE PENDING OUR RECEIPT OF EVIDENCE OF THE COURT'S FINAL ORDER IN YOUR CASE.
B-142620, JUN. 14, 1960
TO MR. WALTER E. DAVISON:
THIS REFERS TO YOUR LETTER OF MARCH 22, 1960, AND ENCLOSURES, TO OUR CLAIMS DIVISION AND THEIR ACKNOWLEDGMENT LETTER OF APRIL 13, 1960, TO YOU, CONCERNING YOUR CLAIM FOR THE SALARY REPRESENTING YOUR ANNUAL AND SICK LEAVE ACCRUALS WHILE EMPLOYED BY THE RUSHMORE AIR FORCE STATION, RAPID CITY, SOUTH DAKOTA. THE STATUS OF THE MATTER IS OUTLINED HEREINAFTER.
A CONFLICTING CLAIM FOR THE SAME FUNDS HAS BEEN PRESENTED TO US BY YOUR WIFE, ARLENE M. DAVISON, UNDER AUTHORITY OF THE LETTERS OF GUARDIANSHIP ISSUED JANUARY 30, 1960, BY JUDGE KEN C. GRAVES OF THE COUNTY COURT OF PENNINGTON, SOUTH DAKOTA. YOUR CASE THEREUNDER APPARENTLY HAS NOT YET BEEN CLOSED BY THE COURT. WITH OUR LETTER OF APRIL 29, 1960, TO JUDGE GRAVES, WE FURNISHED HIM COPIES OF THE FAVORABLE PSYCHIATRIC EVALUATIONS IN YOUR CASE, AS REPORTED BY DR. JOHN L. LIGHT BURN OF DENVER, COLORADO, AND BY DR. JACKSON H. SPEAGLE OF DALLAS, TEXAS. HOWEVER, WE NOW HAVE A LETTER FROM JUDGE GRAVES ADVISING US THAT HE HAS DISCUSSED THE MATTER WITH MEDICAL AUTHORITIES AND THAT, IF YOU FEEL YOU NOW ARE COMPETENT, YOU SHOULD RETURN TO SOUTH DAKOTA TO BE EXAMINED BY THE COUNTY PSYCHIATRIST. FURTHER, THE JUDGE SAYS, THAT IN THE EVENT YOU ARE FOUND COMPETENT, THE COURT WILL CERTAINLY EXECUTE AN ORDER TO THAT EFFECT. IN THAT REGARD, WE SHOULD NOTE THAT THE FAVORABLE PSYCHIATRIC EVALUATION REPORTS YOU HAVE FURNISHED US WERE MADE BY PHYSICIANS WHO DO NOT RESIDE WITHIN THE JURISDICTION OF THE SAID COURT; HENCE, WE DOUBT THAT SUCH REPORTS ORDINARILY WOULD BE REGARDED AS CONCLUSIVE FINDINGS OF FACT UNDER THE LAW.
THEREFORE, UNTIL SUCH TIME AS YOU COMPLY WITH THE PENNINGTON COUNTY COURT'S ORDERS, WE ARE NOT AT LIBERTY TO ISSUE A SETTLEMENT IN YOUR FAVOR FOR THE FUNDS IN QUESTION. ON THE OTHER HAND, AND IN THE LIGHT OF THE PRESENT RECORD, THE CLAIM OF MRS. DAVISON ALSO WILL BE HELD IN ABEYANCE PENDING OUR RECEIPT OF EVIDENCE OF THE COURT'S FINAL ORDER IN YOUR CASE.
HENCE, IT MAY BE THAT YOU SHOULD ADVISE THE COURT AND US FORTHWITH AS TO YOUR INTENTIONS SO THAT THE MATTER BEFORE US PROPERLY MAY BE SETTLED.