B-130743, MAR. 1, 1957

B-130743, MAR. 1, 1957

TO MRS. ELNORA LOFTON:

YOUR LETTER OF JANUARY 3, 1957, REQUESTS REVIEW OF THE SETTLEMENT OF DECEMBER 18, 1956, DISALLOWING YOUR CLAIM FOR UNPAID COMPENSATION DUE ERNEST NEAL AT THE TIME OF HIS DEATH, APRIL 17, 1955, BY REASON OF HIS EMPLOYMENT WITH THE DEPARTMENT OF THE AIR FORCE, OKLAHOMA CITY, OKLAHOMA. YOUR CLAIM WAS ASSERTED AS THE SISTER AND AS ALLEGED DESIGNATED BENEFICIARY OF THE DECEASED.

THE RECORD DISCLOSES THAT ERNEST NEAL FAILED TO EXECUTE A VALID DESIGNATION OF BENEFICIARY FOR UNPAID COMPENSATION BEFORE HIS DEATH. YOUR DESIGNATION AS BENEFICIARY WAS FOR GOVERNMENT INSURANCE, WHICH HAS NOW BEEN PAID TO YOU, AND DID NOT CONSTITUTE A DESIGNATION OF A BENEFICIARY UNDER THE ACT OF AUGUST 3, 1950, 64 STAT. 395, GOVERNING THE DISPOSITION OF UNPAID COMPENSATION. THE ACT OF AUGUST 3, 1950, REQUIRES PAYMENT TO THE SURVIVING WIDOW IN THE ABSENCE OF A VALID DESIGNATION OF THE BENEFICIARY UNDER THAT ACT. ACCORDINGLY, THE UNPAID COMPENSATION WAS PAID TO MRS. ELNORA HALSTIED NEAL, AS THE COMMON-LAW WIDOW OF ERNEST NEAL, DECEASED.

THE FACT THAT YOUR BROTHER ERNEST NEAL AND ELNORA HALSTIED NEAL HAD LIVED TOGETHER AS HUSBAND AND WIFE AND HAD BEEN HELD OUT AS SUCH TO THE COMMUNITY, THUS ESTABLISHING COMMON-LAW MARRIAGE, WAS EVIDENCED BY AFFIDAVITS OF DR. L. E. WOODS, WHO ATTENDED ELNORA HALSTIED NEAL UPON THE BIRTH OF GAIL FRANCIS NEAL, BY AFFIDAVITS OF CALVIN CLAYTON, ROY RICHARDSON, AND OTHER EVIDENCE.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND, UPON REVIEW, THE SETTLEMENT IS SUSTAINED.