B-131606, SEP. 26, 1957

B-131606, SEP. 26, 1957

TO MRS. MILDRED H. BISSETT:

THIS IS IN FURTHER REPLY TO YOUR LETTER OF SEPTEMBER 5, 1957, ADDRESSED TO M. S. BODMER, SUPERVISOR, ACCOUNTS RECEIVABLE AND CLAIMS DIVISION, U.S. NAVY REGIONAL ACCOUNTS OFFICE.

YOU WILL RECALL THAT ON JULY 1, 1957, OUR OFFICE WROTE YOU A DETAILED LETTER CLEARLY OUTLINING THE REASONS WHY THE FUNDS FOR SERVICES AND LUMP- SUM LEAVE DUE YOUR DECEASED BROTHER, CHESTER A. HORNEY, AS AN EMPLOYEE OF THE PHILADELPHIA NAVAL SHIPYARD AT THE DATE OF HIS DEATH, COULD NOT BE PAID TO YOU AS ADMINISTRATRIX OF HIS ESTATE.

OUR LETTER STATED THAT "THE PROVISIONS OF THE 1950 ACT ARE MANDATORY ON OUR OFFICE AND IN THE ABSENCE OF EVIDENCE ESTABLISHING THE DEATH OF ANNA COX HORNEY PRIOR TO THE DATE OF YOUR BROTHER'S DEATH OR THAT SHE WAS NOT IN FACT HIS WIFE, THE COMPENSATION CANNOT BE PAID TO ANYONE BUT HIS WIDOW BUT MUST BE RESERVED PENDING RECEIPT OF A CLAIM FROM HER. THERE IS NO PROVISION IN THE ACT FOR PAYMENT OF THE COMPENSATION TO THE PERSON NEXT ENTITLED IN THE EVENT CLAIM IS NOT RECEIVED FROM THE PARTY ENTITLED WITHIN A CERTAIN PERIOD OF TIME.'

WE CAN ADD NOTHING TO THAT WHICH WE HAVE ALREADY TOLD YOU, AND UNLESS YOU CAN PRODUCE PROOF OF DEATH OF ANNA COX HORNEY PRIOR TO THE DATE OF YOUR BROTHER'S DEATH OR THAT IN FACT SHE WAS NOT HIS WIFE, THE COMPENSATION DUE HIM AT THE TIME OF HIS DEATH MAY NOT BE PAID TO YOU.

FURTHER CORRESPONDENCE RELATIVE TO THE MATTER WHICH DOES NOT FURNISH SUCH PROOF WOULD NOT APPEAR TO SERVE ANY USEFUL PURPOSE.