B-130752, APR. 1, 1957

B-130752, APR. 1, 1957

TO MRS. MARY E. YOUNG:

REFERENCE IS MADE TO LETTER OF DECEMBER 12, 1956, WRITTEN IN YOUR BEHALF BY MR. WILLIAM G. ANDREW, REGARDING YOUR CLAIM AS ADMINISTRATRIX OF THE ESTATE OF JOSEPH H. LAMB, LATE MASTER SERGEANT, UNITED STATES ARMY, RETIRED, FOR THE ARREARS OF RETIRED PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH, FEBRUARY 12, 1955.

THE AMOUNT OF RETIRED PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH WAS ALLOWED AND PAID TO MISS ANNA A. LAMB, 38 CHANDLER STREET, WEST SOMERVILLE, MASSACHUSETTS, SURVIVING SISTER OF THE LATE JOSEPH H. LAMB, IN THE FOLLOWING MANNER: CHECK NO. 1,135,521, DATED APRIL 20, 1955, IN THE AMOUNT OF $586.90, PAYABLE TO THE ORDER OF JOSEPH H. LAMB, REPRESENTING RETIRED PAY FOR THE PERIOD JUNE 1 TO SEPTEMBER 30, 1952, WAS TRANSMITTED HERE BY THE DEPARTMENT OF THE ARMY. AN ENDORSEMENT WAS PLACED ON THE CHECK AUTHORIZING MISS LAMB TO NEGOTIATE SUCH CHECK IN THE USUAL MANNER, AND FORWARDED TO HER BY LETTER DATED JULY 27, 1955. LATER, BY SETTLEMENTS DATED OCTOBER 20, 1955, ADDITIONAL RETIRED PAY DUE THE DECEDENT, TOTALLING $3,889.57, FOR THE PERIOD OCTOBER 1, 1952, THROUGH FEBRUARY 12, 1955, WAS ALLOWED AND PAID TO MISS LAMB. THE BALANCE OF THE ARREARS OF PAY DUE THE DECEDENT, TOTALLING $853.80, WAS WITHHELD AS TAX DEDUCTIONS.

MR. ANDREW APPEARS TO BELIEVE THAT SUCH SETTLEMENTS WERE ERRONEOUS, IN THAT PAYMENT SHOULD ONLY HAVE BEEN MADE TO THE ADMINISTRATRIX OF THE ESTATE, AND THAT THE GOVERNMENT SHOULD REQUIRE PAYMENT OF THE MONEY TO THE ADMINISTRATRIX. HE ALSO REQUESTS THAT IF PAYMENT WAS MADE TO ANNA A. LAMB, AS THE SOLE SURVIVING RELATIVE, THAT A COPY OF HER CLAIM BE FURNISHED.

THE CLAIM OF ANNA A. LAMB, DATED MAY 29, 1955, WAS RECEIVED BY US ON MAY 31, 1955, AND IT IS STATED THEREIN THAT SHE WAS THE SOLE SURVIVING RELATIVE OF THE DECEDENT. ON THE BASIS OF THE RECORD BEFORE OUR OFFICE, SETTLEMENT WAS MADE TO MISS LAMB. YOUR CLAIM, AS ADMINISTRATRIX OF THE ESTATE OF THE DECEDENT, WAS RECEIVED HERE ON OCTOBER 2, 1956, HAVING BEEN TRANSMITTED HERE BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA. YOUR CLAIM WAS ACCOMPANIED BY EVIDENCE OF YOUR APPOINTMENT AS ADMINISTRATRIX ON JUNE 21, 1956, AND QUALIFICATION ON JUNE 25, 1956.

THE ACT OF JUNE 20, 1906, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, IN EFFECT AT THE TIME OF THE SETTLEMENTS, PROVIDED IN MATERIAL PART AS FOLLOWS:

"HEREAFTER IN THE SETTLEMENT OF THE ACCOUNTS OF DECEASED OFFICERS OR ENLISTED PERSONS OF THE ARMY, WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, THE ACCOUNTING OFFICERS MAY ALLOW THE AMOUNT FOUND DUE TO THE DECEDENT'S WIDOW, WIDOWER, OR LEGAL HEIRS IN THE FOLLOWING ORDER OF PRECEDENCE: FIRST, TO THE WIDOW OR WIDOWER; SECOND, IF DECEDENT LEFT NO WIDOW OR WIDOWER, OR THE WIDOW OR WIDOWER BE DEAD AT TIME OF SETTLEMENT, THEN TO THE CHILDREN OR THEIR ISSUE, PER STIRPES; THIRD, IF NO WIDOW, WIDOWER, OR DESCENDANTS, THEN TO THE FATHER AND MOTHER IN EQUAL PARTS; FOURTH, IF EITHER THE FATHER OR MOTHER BE DEAD, THEN TO THE ONE SURVIVING; FIFTH, IF THERE BE NO WIDOW, WIDOWER, CHILD, FATHER OR MOTHER AT THE DATE OF SETTLEMENT, THEN TO THE BROTHERS AND SISTERS AND CHILDREN OF DECEASED BROTHERS AND SISTERS, PER STIRPES * * *.'

NO DEMAND HAVING BEEN PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, SETTLEMENT TO ANNA A. LAMB WAS ISSUED AS PROVIDED IN THE STATUTE.

WHILE APPRECIATING YOUR FEELINGS IN THE MATTER, WE TRUST YOU WILL UNDERSTAND THAT THE AMOUNT DUE IN THIS CASE WAS SETTLED IN STRICT COMPLIANCE WITH THE ACT OF FEBRUARY 25, 1946. THE GOVERNMENT'S DEBT TO THE DECEDENT'S ESTATE WAS COMPLETELY DISCHARGED, AND THERE IS FOUND NO LEGAL BASIS TO HOLD THAT THE GOVERNMENT HAS ANY FURTHER OBLIGATION IN THE MATTER. SEE KEOWN V. UNITED STATES, 191 F.2D 438, AND SCAMMAN V. SCAMMAN, 90 N.E. 2D 617.

IN VIEW OF THE CLEAR PROVISIONS OF THE LAW AND THE DECISIONS OF THE COURTS, IT MUST BE CONCLUDED THAT THE PAYMENT TO ANNA A. LAMB WAS A LEGAL PAYMENT AND, HENCE, THAT THERE WOULD BE NO LEGAL BASIS FOR THE GOVERNMENT TO RECOUP SUCH PAYMENT FROM HER.