B-127027, MAR. 30, 1956

B-127027, MAR. 30, 1956

TO CHARLES D. WALKER, ESQUIRE:

REFERENCE IS MADE TO YOUR RECENT LETTER CONCERNING OUR SETTLEMENT OF JANUARY 11, 1956, WHICH DISALLOWED THE CLAIM OF MRS. LAURA RAUGH WILSON, ADMINISTRATRIX OF THE ESTATE OF JOHNNIE CARPENTER, DECEASED, FOR THE COMPENSATION DUE THE DECEDENT, A FORMER EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

TO FACILITATE THE SETTLEMENT OF ACCOUNTS OF DECEASED EMPLOYEES OF THE FEDERAL GOVERNMENT, THE CONGRESS ENACTED PUBLIC LAW 636, APPROVED AUGUST 3, 1950, 64 STAT. 395. THAT ACT PROVIDES THAT ALL UNPAID COMPENSATION DUE A FEDERAL EMPLOYEE AT THE TIME OF HIS DEATH SHALL BE PAID TO THE PERSON OR PERSONS SURVIVING AT THE DATE OF DEATH, IN THE FOLLOWING ORDER OF PRECEDENCE, AND THAT SUCH PAYMENT SHALL BE A BAR TO RECOVERY BY ANY OTHER PERSON OF AMOUNTS SO PAID:

FIRST, TO THE BENEFICIARY OR BENEFICIARIES DESIGNATED BY THE EMPLOYEE IN WRITING TO RECEIVE SUCH COMPENSATION, FILED WITH THE GOVERNMENT AGENCY WITH WHICH THE EMPLOYEE WAS EMPLOYED AT THE TIME OF HIS DEATH;

SECOND, IF THERE BE NO SUCH BENEFICIARY, TO THE WIDOW OF THE EMPLOYEE;

THIRD, IF THERE BE NO BENEFICIARY AND SURVIVING SPOUSE, TO THE CHILD OR CHILDREN OF THE EMPLOYEE;

FOURTH, IF NONE OF THE ABOVE, TO THE PARENTS OF THE EMPLOYEE, OR THE SURVIVOR OF THEM;

FIFTH, IF THERE BE NONE OF THE ABOVE, TO THE DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE OF THE DECEASED EMPLOYEE.

THE ADMINISTRATRIX, MR. LAURA RAUGH WILSON, WHO APPEARS TO BE THE MOTHER OF THE DECEASED EMPLOYEE, IN SUBMITTING HER CLAIM FOR THE UNPAID COMPENSATION DUE THE DECEDENT AT THE TIME OF HIS DEATH--- THE SUM OF $189.63--- STATED THAT THE DECEASED WAS SURVIVED BY A WIDOW, MARGARET ELIZABETH CARPENTER, AND A MINOR CHILD, JOHNNIE ELAINE CARPENTER. WITH THE CLAIM OF ADMINISTRATRIX THERE WAS CURRENTLY BEFORE OUR OFFICE THE CLAIM OF MARGARET E. CARPENTER, AS WIDOW OF THE DECEASED EMPLOYEE. VIEW OF THE PROVISIONS OF PUBLIC LAW 636 AND AS THE RECORD DISCLOSED THAT THE DECEDENT HAD NOT FILED A DESIGNATION OF BENEFICIARY WITH THE DEPARTMENT OF THE ARMY, THE CLAIM OF THE WIDOW WAS ALLOWED, AND THAT OF THE ADMINISTRATRIX DISALLOWED.

THE PAYMENT TO MARGARET E. CARPENTER OF THE COMPENSATION DUE THE DECEASED EMPLOYEE--- HER CLAIM AS WIDOW BEING SUBSTANTIATED BY THE STATEMENT OF THE ADMINISTRATRIX OF THE ESTATE AND OTHER EVIDENCE--- WAS IN ACCORDANCE WITH THE ORDER OF PRECEDENCE PRESCRIBED BY PUBLIC LAW 636, AS THAT ACT PROVIDES THAT "SUCH PAYMENT SHALL BE A BAR TO RECOVERY BY ANY OTHER PERSON OF AMOUNTS SO ID," THE CLAIM OF YOUR CLIENT, EITHER AS ADMINISTRATRIX OR AS THE MOTHER OF THE DECEDENT, CANNOT PROPERLY BE ALLOWED.

HOWEVER, YOU ARE ADVISED THAT NO SPECIAL FORM OF APPEAL IS REQUIRED, A LETTER SETTING FORTH THE FACTS AND LAW RELIEF UPON, BEING SUFFICIENT.