B-162963, NOV. 20, 1969

B-162963, NOV. 20, 1969

DECEDENTS' ESTATES--COMPENSATION--ENTITLEMENT DETERMINATIONS--BASIS OF COURT DECISION CLAIM OF DECEASED EMPLOYEE'S SON FOR COMPENSATION DUE DECEDENT ON DATE OF HER DEATH IS ALLOWED AND CLAIM OF WIDOWER IS DISALLOWED, IN LINE WITH HOLDING OF DISTRICT OF COLUMBIA COURT OF GENERAL SESSIONS IN CASE OF EDWARD B. BARNES V METROPOLITAN LIFE INSURANCE COMPANY AND JOHN THOMAS COOK, CIVIL ACTION NO. GS 3722-67 DECIDED MAY 9, 1969, ORDERING CLERK OF COURT TO PAY INSURANCE MONIES IN QUESTION TO SON RATHER THAN TO WIDOWER, AND NO APPEAL TO THAT RULING HAS BEEN TAKEN.

TO MR. DOVEY J. ROUNDTREE:

WE REFER AGAIN TO YOUR LETTER OF JANUARY 26, 1968, AND TO OUR LETTER OF MARCH 15, 1968, IN RESPONSE THERETO, WHEREIN YOU WERE ADVISED THAT WE WERE AGREEABLE TO WITHHOLDING ACTION LOOKING TOWARD THE PAYMENT OF COMPENSATION DUE MAGGIE C. BARNES ON THE DATE OF HER DEATH UNTIL A DECISION WAS RENDERED BY THE DISTRICT OF COLUMBIA COURT OF GENERAL SESSIONS IN THE CASE OF EDWARD B. BARNES V METROPOLITAN LIFE INSURANCE COMPANY, ET AL, CIVIL ACTION NO. GS 3722-67.

SINCE A RULING NOW HAS BEEN MADE IN THAT CASE ORDERING THE CLERK OF THE COURT TO PAY THE INSURANCE MONIES IN QUESTION TO JOHN THOMAS COOK RATHER THAN TO MR. EDWARD B. BARNES, WHOM YOU REPRESENT, AND SINCE WE UNDERSTAND THAT NO APPEAL TO THAT RULING HAS BEEN TAKEN, THIS OFFICE, IN LINE WITH THE HOLDING IN CITED CASE, IS ISSUING A CERTIFICATE OF SETTLEMENT AUTHORIZING PAYMENT OF THE COMPENSATION DUE MAGGIE C. BARNES ON THE DATE OF HER DEATH TO THE SAID JOHN THOMAS COOK AND THE CLAIM OF YOUR CLIENT, MR. EDWARD B. BARNES, FOR SAID COMPENSATION IS DISALLOWED.