B-126012, DEC. 16, 1955

B-126012: Dec 16, 1955

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MATTIE ROBINSON: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 29. IN YOUR LETTER YOU SAY THAT YOU SON WAS BORN TO YOU OUT OF WEDLOCK AND THAT YOU RAISED HIM WITHOUT ANY ASSISTANCE FROM HIS FATHER. YOU STATE THAT YOU HAVE NOT LIVED WITH THE FATHER SINCE BEFORE THE DECEDENT'S BIRTH. THAT THERE WAS NOCOMMON-LAW MARRIAGE OR THAT THE DECEDENT'S FATHER IS DEAD. WE HAVE NO RECOURSE BUT TO WITHHOLD THE FATHER'S SHARE OF THE DECEDENT'S ESTATE.

B-126012, DEC. 16, 1955

TO MRS. MATTIE ROBINSON:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 29, 1955, RELATIVE TO YOUR CLAIM FOR UNPAID COMPENSATION IN THE AMOUNT OF $43.07, DUE THE ESTATE OF LAWRENCE FLOOD AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY. THE ABOVE AMOUNT REPRESENTS THE BALANCE DUE THE ESTATE WHICH HAS BEEN RESERVED FOR THE DECEDENT'S FATHER, CAREW FLOOD, AS REQUIRED BY THE ACT OF AUGUST 3, 1950, 64 STAT. 395.

IN YOUR LETTER YOU SAY THAT YOU SON WAS BORN TO YOU OUT OF WEDLOCK AND THAT YOU RAISED HIM WITHOUT ANY ASSISTANCE FROM HIS FATHER. FURTHER, YOU STATE THAT YOU HAVE NOT LIVED WITH THE FATHER SINCE BEFORE THE DECEDENT'S BIRTH. HOWEVER, THE EVIDENCE OF RECORD FAILS TO DISCLOSE WHETHER A COMMON -LAW MARRIAGE/EXISTED BETWEEN YOU AND CAREW FLOOD. IN FACT, SINCE THE DECEDENT USED HIS FATHER'S SURNAME, THERE EXISTS A REASONABLE BASIS FOR THE PRESUMPTION THAT A COMMON-LAW MARRIAGE DID EXIST.

ACCORDINGLY, IN ABSENCE OF CONCLUSIVE EVIDENCE, SUCH AS AFFIDAVITS OF RELATIVES OR FRIENDS HAVING KNOWLEDGE OF THE FACTS, THAT THERE WAS NOCOMMON-LAW MARRIAGE OR THAT THE DECEDENT'S FATHER IS DEAD, WE HAVE NO RECOURSE BUT TO WITHHOLD THE FATHER'S SHARE OF THE DECEDENT'S ESTATE.

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