B-131606, AUG. 12, 1959
Highlights
YOU WROTE FURTHER CONCERNING YOUR EFFORTS TO HAVE THE AMOUNT OF UNPAID COMPENSATION DUE YOUR DECEASED BROTHER. OUR OFFICE HAS ADVISED YOU PREVIOUSLY THAT SINCE THE OFFICIAL RECORD SHOWS YOUR BROTHER TO HAVE BEEN MARRIED TO ANNA COX HORNEY. THE MARRIAGE COULD HAVE BEEN PERFORMED IN ANOTHER STATE.
B-131606, AUG. 12, 1959
TO MRS. MILDRED H. BISSETT:
ON JULY 1, 1959, YOU WROTE FURTHER CONCERNING YOUR EFFORTS TO HAVE THE AMOUNT OF UNPAID COMPENSATION DUE YOUR DECEASED BROTHER, CHESTER A. HORNEY, PAID TO YOU AS ADMINISTRATRIX OF HIS ESTATE.
OUR OFFICE HAS ADVISED YOU PREVIOUSLY THAT SINCE THE OFFICIAL RECORD SHOWS YOUR BROTHER TO HAVE BEEN MARRIED TO ANNA COX HORNEY, THOUGH SEPARATED AT THE TIME OF HIS DEATH, THE STATUTE DOES NOT PERMIT THE PAYMENT OF UNPAID COMPENSATION TO ANY PERSON OTHER THAN THE WIDOW. ADVISED YOU THAT IN ORDER FOR YOU TO RECEIVE THE MONEY AS ADMINISTRATRIX IT WOULD BE NECESSARY FOR YOU TO FURNISH PROOF THAT ANNA COX HORNEY PREDECEASED YOUR BROTHER OR THAT THE MARRIAGE HAD NEVER EXISTED OR HAD BEEN LEGALLY TERMINATED PRIOR TO HIS DEATH.
IN YOUR LAST LETTER YOU SAY THAT THE PENNSYLVANIA STATE DEPARTMENT OF HEALTH SEARCHED THE RECORDS FROM 1926 THROUGH 1943 AND FOUND NO RECORD OF SUCH MARRIAGE. WE CANNOT CONSIDER SUCH A STATEMENT, EVEN IF SUPPORTED BY AN OFFICIAL REPORT FROM THE STATE OF PENNSYLVANIA, AS PROOF THAT NO LEGAL MARRIAGE EVER EXISTED BECAUSE, FOR ONE REASON, THE MARRIAGE COULD HAVE BEEN PERFORMED IN ANOTHER STATE.
WE KNOW OF NOTHING MORE THAN WE MIGHT ADD TO OUR STATEMENTS IN THIS AND PREVIOUS LETTERS TO YOU ON THIS SUBJECT. WITHOUT THE POSITIVE PROOF DESCRIBED IN OUR SECOND PARAGRAPH ABOVE, THE CLAIM CANNOT BE PAID TO ANY ONE EXCEPT YOUR BROTHER'S WIDOW AS PROVIDED IN THE STATUTE.