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B-125652, DEC. 16, 1955

B-125652 Dec 16, 1955
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MURIEL NUGENT RICHIE: REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON APRIL 6. OUR CLAIMS DIVISION ADVISED YOU THAT A COUSIN IS NOT INCLUDED WITHIN THE CLASS OF HEIRS TO WHOM PAYMENT IS AUTHORIZED UNDER THE ACT OF JUNE 30. YOU SAY THAT WHILE THERE ARE MARRIED BROTHERS AND SISTERS OF THE DECEDENT YOU KNOW NOTHING ABOUT THEM AND THAT THE DECEDENT INCURRED DEBTS WHICH YOU HAVE PAID. YOU ALSO SAY YOU WERE DESIGNATED BENEFICIARY AND NEXT OF KIN OF THE DECEDENT AND YOU BELIEVE THAT YOU ARE ENTITLED TO RECEIVE THE ARREARS OF PAY DUE HIS ESTATE. THE LAW GOVERNING THE SETTLEMENT OF ACCOUNTS OF DECEASED PERSONNEL OF THE ARMY IS CONTAINED IN THE ACT OF JUNE 30. AS YOU HAVE BEEN ADVISED. SINCE IT IS INDICATED BY YOU THAT THE DECEDENT IS SURVIVED BY BROTHERS AND SISTERS THEY WOULD BE THE PREFERRED DISTRIBUTEES.

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B-125652, DEC. 16, 1955

TO MRS. MURIEL NUGENT RICHIE:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON APRIL 6, 1955, CONCERNING YOUR CLAIM FOR ARREARS OF PAY DUE THE ESTATE OF YOUR LATE COUSIN, ROBERT M. NUGENT, SERGEANT, UNITED STATES ARMY, WHO DIED IN THE MILITARY SERVICE ON JANUARY 17, 1955. THERE ALSO HAS BEEN RECEIVED A LETTER DATED SEPTEMBER 19, 1955, FROM THE DEPARTMENT OF THE ARMY ENCLOSING A COPY OF YOUR AFFIDAVIT EXECUTED MARCH 21, 1955, AND A COPY OF YOUR UNDATED STATEMENT RELATIVE TO YOUR CLAIM.

BY LETTER DATED MARCH 29, 1955, OUR CLAIMS DIVISION ADVISED YOU THAT A COUSIN IS NOT INCLUDED WITHIN THE CLASS OF HEIRS TO WHOM PAYMENT IS AUTHORIZED UNDER THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED. YOU SAY THAT WHILE THERE ARE MARRIED BROTHERS AND SISTERS OF THE DECEDENT YOU KNOW NOTHING ABOUT THEM AND THAT THE DECEDENT INCURRED DEBTS WHICH YOU HAVE PAID. YOU ALSO SAY YOU WERE DESIGNATED BENEFICIARY AND NEXT OF KIN OF THE DECEDENT AND YOU BELIEVE THAT YOU ARE ENTITLED TO RECEIVE THE ARREARS OF PAY DUE HIS ESTATE.

THE LAW GOVERNING THE SETTLEMENT OF ACCOUNTS OF DECEASED PERSONNEL OF THE ARMY IS CONTAINED IN THE ACT OF JUNE 30, 1906, AS AMENDED BY THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, WHICH SETS FORTH 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. AS YOU HAVE BEEN ADVISED, COUSIN DOES NOT COME WITHIN ANY OF THE CLASSES ENUMERATED, THE STATUTE GOING NO FURTHER THAN BROTHERS AND SISTERS AND CHILDREN OF DECEASED BROTHERS AND SISTERS. SINCE IT IS INDICATED BY YOU THAT THE DECEDENT IS SURVIVED BY BROTHERS AND SISTERS THEY WOULD BE THE PREFERRED DISTRIBUTEES. THE FACT THAT YOU MAY HAVE BEEN DESIGNATED AS THE DECEDENT'S BENEFICIARY FOR THE PURPOSE OF RECEIVING CERTAIN OTHER BENEFITS, AFFORDS NO PROPER BASIS FOR THE ALLOWANCE TO YOU OF THE ARREARS OF PAY DUE HIS ESTATE, SINCE THE PAYMENT OF SUCH OTHER BENEFITS ARE ADMINISTERED UNDER LAWS SEPARATE AND DISTINCT FROM THE STATUTORY PROVISIONS GOVERNING THE SETTLEMENT OF DECEDENTS' ESTATES.

WITH RESPECT TO THE PAYMENT BY YOU OF DEBTS OF THE DECEDENT, THE ACTS OF JUNE 30, 1906, AND FEBRUARY 25, 1946, CONTAIN NO PROVISION FOR PAYMENT TO A GENERAL CREDITOR OF THE DECEDENT'S ESTATE. WHERE THERE ARE GENERAL CREDITORS, WHO, PRIOR TO SETTLEMENT, PRESENT CLAIMS SHOWING INDEBTEDNESS BY THE DECEDENT TO THEM, THE ACCOUNTING OFFICERS WILL NOT UNDERTAKE TO DISTRIBUTE THE AMOUNT DUE FROM THE UNITED STATES BUT WILL AUTHORIZE PAYMENT ONLY TO A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, THAT IS, TO AN EXECUTOR OR AN ADMINISTRATOR APPOINTED BY A PROPER COURT OF THE JURISDICTION WHERE THE DECEDENT WAS DOMICILED AT THE TIME OF HIS DEATH. SHOULD YOU HAVE YOURSELF APPOINTED SUCH LEGAL REPRESENTATIVE OF THE ESTATE CONSIDERATION WILL BE GIVEN TO A CLAIM PRESENTED IN THAT CAPACITY FOR THE AMOUNT DUE--- APPROXIMATELY $221.10 -- ACCOMPANIED BY AN AUTHENTICATED COPY OF THE LETTERS OF APPOINTMENT AND A SHOWING THAT THERE ARE SURVIVING HEIRS OF THE DECEDENT OR CLAIMS OF CREDITORS THAT HAVE BEEN ALLOWED BY THE PROBATE COURT, IT BEING THE RULE OF THE ACCOUNTING OFFICERS THAT THE CLAIM OF A LEGAL REPRESENTATIVE WILL NOT BE ALLOWED WHERE THE SOLE RESULT WOULD BE AN ESCHEAT TO THE STATE. 24 COMP. DEC. 437; 17 COMP. GEN. 49. ANY CLAIM BY A LEGAL REPRESENTATIVE OF THE ESTATE SHOULD BE ADDRESSED TO THE GENERAL ACCOUNTING OFFICE, CLAIMS ..END :

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