B-100554, FEB 20, 1951

B-100554, FEB 20, 1951

PRECIS-UNAVAILABLE

CAPTAIN J.O. HORNBAKER, USAF, DISBURSING OFFICER:

BY LETTER DATED JANUARY 4, 1951, THE DIRECTOR OF FINANCE FORWARDED TO THIS OFFICE YOUR LETTER OF DECEMBER 18, 1950, REQUESTING AN ADVANCE DECISION ON THE CLAIM OF HERBERT H. LEVERAGE, FATHER OF HERBERT F. LEVERAGE, DECEASED, LATE PRIVATE FIRST CLASS, DETACHMENT C, 208TH AIR SERVICE GROUP, DELAWARE AIR NATIONAL GUARD, FOR ARMORY DRILL PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH, SEPTEMBER 22, 1950, SUPPORTED BY SUPPLEMENTAL ARMORY DRILL PAY ROLL OF THE SAID ORGANIZATION FOR THE PERIOD FROM JULY 1, 1950, TO SEPTEMBER 30, 1950.

STANDARD FORM NO. 1055, SUBMITTED WITH YOUR LETTER, IN THE ANSWER TO ITEM 4, INDICATES THAT AN EXECUTOR OR ADMINISTRATOR OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED. IF A LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED, PAYMENT MAY NOT BE MADE TO ANY OTHER PERSON. SEE PARAGRAPH (B) OF INSTRUCTIONS AT THE FOOT OF PAGE 2 OF STANDARD FORM NO. 1055. SEE, ALSO, THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, AND PARAGRAPH 12, NGR-59, AS AMENDED BY NGB CIRCULAR NO. 48, DECEMBER 15, 1947.

ACCORDINGLY, PAYMENT MAY NOT BE MADE TO THE FATHER, AS SUCH, IN THE ABSENCE OF AN AFFIRMATIVE SHOWING THAT NO LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED. IF AN EXECUTOR OR ADMINISTRATOR HAS BEEN APPOINTED, THE CLAIM SHOULD BE MADE BY SUCH DULY APPOINTED LEGAL REPRESENTATIVE SUPPORTED BY THE CERTIFICATE OF THE COURT EVIDENCING HIS OR HER APPOINTMENT.

THEREFORE, ACTION ON YOUR SUBMISSION WILL BE IN ABEYANCE PENDING RECEIPT OF THE EVIDENCE INDICATED ABOVE.

THE PAPERS SUBMITTED BY YOU ARE BEING RETAINED IN THIS OFFICE.