B-118831, FEB 23, 1954
Highlights
LENNOX: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 4. THAT SHE WAS SURVIVED BY ONE CHILD. THAT ESTATE FUNDS WERE USED TO PAY HER FUNERAL EXPENSES. THAT YOU WERE MAKING CLAIM AS BROTHER OF THE DECEASED. THE CLAIM WAS DISALLOWED BECAUSE UNDER THE LAWS OF DESCENT AND DISTRIBUTION FOR THE STATE OF NEW YORK. THE SURVIVING CHILD'S CLAIM TO ITS MOTHER'S ESTATE IS SUPERIOR TO THAT OF BROTHERS AND SISTERS. YOU STATE THAT YOU HAVE RECEIPTS SHOWING THAT YOU PAID THE FUNERAL EXPENSES. THAT YOU HAVE NOT HEARD FROM HER SON FOR TEN YEARS AND DO NOT KNOW THAT HE IS LIVING. THAT YOU HAVE BEEN PAID LUMP-SUM DEATH PAYMENT BY SOCIAL SECURITY. THAT YOU DO NOT UNDERSTAND WHY YOU CANNOT BE PAID THE AMOUNT OF THIS CHECK WHICH IS DUE THE ESTATE.
B-118831, FEB 23, 1954
PRECIS-UNAVAILABLE
MR. HENRY L. LENNOX:
REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 4, 1954, REQUESTING REVIEW OF YOUR SETTLEMENT DATED NOVEMBER 17, 1953, WHICH DISALLOWED YOUR CLAIM FOR THE AMOUNT OF UNITED STATES TREASURY CHECK NO. 66,191,876, FOR $53.90, DRAWN JUNE 3, 1953, BY DON ILER, SYMBOL 402, TO THE ORDER OF ANNA M. STRITT.
YOUR CLAIM DATED JUNE 3, 1953, STATES THAT ANNA M. STRITT HAD DIED ON JUNE 1, 1953; THAT SHE WAS SURVIVED BY ONE CHILD; THAT ESTATE FUNDS WERE USED TO PAY HER FUNERAL EXPENSES; AND THAT YOU WERE MAKING CLAIM AS BROTHER OF THE DECEASED. THE CLAIM WAS DISALLOWED BECAUSE UNDER THE LAWS OF DESCENT AND DISTRIBUTION FOR THE STATE OF NEW YORK, THE SURVIVING CHILD'S CLAIM TO ITS MOTHER'S ESTATE IS SUPERIOR TO THAT OF BROTHERS AND SISTERS. IN REQUESTING REVIEW, YOU STATE THAT YOU HAVE RECEIPTS SHOWING THAT YOU PAID THE FUNERAL EXPENSES, COST OF PERPETUAL CARE OF HER GRAVE, AND PURCHASED A GRAVE MARKER; THAT YOU HAVE NOT HEARD FROM HER SON FOR TEN YEARS AND DO NOT KNOW THAT HE IS LIVING; THAT YOU HAVE BEEN PAID LUMP-SUM DEATH PAYMENT BY SOCIAL SECURITY, AND THAT YOU DO NOT UNDERSTAND WHY YOU CANNOT BE PAID THE AMOUNT OF THIS CHECK WHICH IS DUE THE ESTATE.
THE FACT THAT YOU HAVE NOT HEARD FROM YOUR SISTER'S CHILD FOR MANY YEARS DOES NOT ESTABLISH THAT THE CHILD IS NOT STILL LIVING. THAT COULD BE ESTABLISHED BY A DEATH CERTIFICATE, OR A COURT ORDER SO DECLARING. IN THE ABSENCE OF PROOF OF DEATH, ACTUAL OR PRESUMPTIVE, THIS OFFICE CANNOT ASSUME THAT THE SON PRECEDED HIS MOTHER IN DEATH.
THE PAYER OF FUNERAL EXPENSES HAS A PREFERRED CLAIM UNDER THE LAWS OF NEW YORK. YOUR CLAIM WAS FILED AT ABOUT THE TIME OF THE FUNERAL. IF YOU WERE PAYING THE FUNERAL EXPENSES FROM YOUR OWN PERSONAL FUNDS, IT IS NOT UNDERSTOOD WHY YOU STATED THAT SUCH EXPENSES WERE PAID FROM ESTATE FUNDS. YOU HAVE NOT EXPLAINED THOSE CONTRADICTORY STATEMENTS, NOR HAVE YOU FURNISHED RECEIPTS SHOWING THAT YOU PAID THE FUNERAL EXPENSES. NO CLAIM HAS BEEN FILED BY THE CHILD OF THE DECEASED PAYEE AND THERE IS NO EVIDENCE THAT A PERSONAL REPRESENTATIVE HAS BEEN APPOINTED, OR QUALIFIED, BY A COURT OF COMPETENT JURISDICTION. ACCORDINGLY, UPON THE PRESENT RECORD, THE SETTLEMENT DATED NOVEMBER 17, 1953, IS SUSTAINED.
HOWEVER, IF YOU CAN SHOW THAT YOUR DECEASED SISTER WAS NOT SURVIVED BY A CHILD, OR CHILDREN, OR THAT YOU PAID HER FUNERAL EXPENSES FROM YOUR OWN PERSONAL FUNDS, OR THAT YOU ARE THE ONLY QUALIFIED ADMINISTRATOR OF HER ESTATE, YOUR CLAIM WILL BE GIVEN FURTHER CONSIDERATION.