B-124883, OCT. 25, 1955

B-124883, OCT. 25, 1955

TO MRS. RUTH V. BEARD:

REFERENCE IS MADE TO LETTER DATED JULY 9, 1955, WRITTEN ON YOUR BEHALF BY MR. LESTER STRITMATTER CONCERNING YOUR CLAIM AS ADMINISTRATRIX OF THE ESTATE OF YOUR LATE HUSBAND, LIEUTENANT ROBERT A. BEARD, UNITED STATES ARMY, FOR THE ARREARS OF PAY AND ALLOWANCES DUE HIS ESTATE AS OF DECEMBER 31, 1953, THE PRESUMPTIVE DATE OF HIS DEATH IN THE MILITARY SERVICE.

MR. STRITMATTER STATES THAT THE DOMICILE OF THE DECEDENT AT THE TIME HE ENTERED THE MILITARY SERVICE WAS IN HOQUIAM, WASHINGTON, AND HE CONTENDS THAT PAYMENT OF THE ARREARS OF PAY AND ALLOWANCES DUE HIS ESTATE SHOULD BE MADE TO YOU ON THE BASIS OF YOUR APPOINTMENT ON APRIL 5, 1954, AS ADMINISTRATRIX OF SUCH ESTATE BY THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF GRAYS HARBOR.

BY LETTER DATED SEPTEMBER 8, 1954, THE MILITARY PAY DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA, TRANSMITTED TO OUR CLAIMS DIVISION A COPY OF THE OFFICIAL REPORT OF DEATH OF THE DECEDENT, AND SEPARATE CLAIMS BY YOU AND BY HIS MOTHER,MYRTLE G. BEARD, EACH CLAIMING AS ADMINISTRATRIX OF HIS ESTATE. THERE WAS FURNISHED A CERTIFIED TRUE COPY OF THE LETTERS OF ADMINISTRATION ISSUED TO YOU ON APRIL 5, 1954, AND A CERTIFICATE DATED FEBRUARY 16, 1954, BY THE CLERK OF THE CIRCUIT COURT OF VERMILLION COUNTY OF INDIANA, THAT LETTERS OF ADMINISTRATION ON THE ESTATE OF THE DECEDENT HAD BEEN GRANTED TO HIS MOTHER. IN THAT CONNECTION THE OFFICIAL REPORT OF DEATH OF THE DECEDENT GAVE HIS HOME ADDRESS AS DANA, INDIANA, WHICH IS IN VERMILLION COUNTY OF THAT STATE AND THE CERTIFICATE OF THE CLERK OF THE CIRCUIT COURT OF VERMILLION COUNTY, INDIANA, RECITED THAT THE DECEDENT, LATE OF THAT COUNTY, HAD DIED INTESTATE AND THAT THE MOTHER HAD QUALIFIED AND HAD GIVEN BOND AS ADMINISTRATRIX. BY LETTER DATED OCTOBER 22, 1954, THE CLAIMS DIVISION ADVISED YOU THAT SINCE A CLAIM, ADVERSE TO YOURS, HAD BEEN FILED BY THE DECEDENT'S MOTHER AS ADMINISTRATRIX, SETTLEMENT IN HER FAVOR AS SUCH ADMINISTRATRIX UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, GOVERNING THE SETTLEMENT OF CLAIMS FOR AMOUNTS DUE THE ESTATES OF DECEASED PERSONNEL OF THE ARMY, WOULD BE HELD IN ABEYANCE FOR NOT LESS THAN 30 DAYS PENDING THE RECEIPT OF YOUR REPLY EITHER ASSENTING TO THE JURISDICTION OF THE INDIANA COURT OR STATING OBJECTIONS TO SUCH JURISDICTION AND SHOWING CAUSE WHY THE SETTLEMENT IN HER FAVOR SHOULD NOT BE MADE. NO REPLY HAVING BEEN RECEIVED FROM YOU TO THE LETTER OF OCTOBER 22, 1954, THE CLAIMS DIVISION ON APRIL 14, 1955, APPROVED FOR PAYMENT THE AMOUNT OF THE ARREARS OF PAY AND ALLOWANCES IN FAVOR OF THE MOTHER AS ADMINISTRATRIX OF THE ESTATE OF THE DECEDENT.

SINCE PAYMENT HAS BEEN MADE TO A DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE, IT WOULD SEEM THAT YOUR CLAIM SHOULD BE PRESENTED TO THAT REPRESENTATIVE OR TO THE COURT BY WHICH SHE WAS APPOINTED.