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B-59971, JUL. 13, 1959

B-59971 Jul 13, 1959
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NERVIE DAVIS: REFERENCE IS MADE TO A LETTER DATED JULY 3. THAT WE WERE ENDEAVORING TO ASCERTAIN FROM THE VETERANS ADMINISTRATION WHETHER ITS RECORDS SHOW THE FATHER OF YOUR LATE SON TO BE LIVING OR DEAD. WE HAVE NOW INFORMALLY ASCERTAINED FROM THAT AGENCY THAT A RECORD OF ONLY ONE CYRUS G. DAVIS HAS BEEN LOCATED AND THAT HE IS CURRENTLY RECEIVING VETERANS' BENEFITS FROM THAT ADMINISTRATION INCIDENT TO HIS SERVICE IN THE UNITED STATES ARMY FROM MAY 2. IT IS FURTHER REPORTED THAT THE LATEST CORRESPONDENCE OF THAT ADMINISTRATION WITH THE VETERAN IS DATED FEBRUARY 19. DAVIS ADVISED THE VETERANS ADMINISTRATION THAT HE WAS BORN JANUARY 7. THAT HE WAS MARRIED ON JUNE 19. HE LIKEWISE ADVISED THE ADMINISTRATION THAT FOUR CHILDREN WERE BORN OF THIS MARRIAGE.

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B-59971, JUL. 13, 1959

TO MRS. NERVIE DAVIS:

REFERENCE IS MADE TO A LETTER DATED JULY 3, 1959, WRITTEN ON YOUR BEHALF BY MR. J. HARRISON WESTOVER, ATTORNEY AT LAW, FURTHER CONCERNING YOUR CLAIM FOR THE BALANCE OF THE ARREARS OF PAY DUE IN THE CASE OF YOUR LATE SON, THOMAS E. DAVIS, AS OF FEBRUARY 1, 1945, THE DATE OF RECEIPT OF THE EVIDENCE OF HIS DEATH WHILE SERVING IN THE ARMED FORCES OF THE UNITED STATES.

BY DECISION OF JULY 1, 1959, B-59971, WE ADVISED YOU, AMONG OTHER THINGS, THAT WE WERE ENDEAVORING TO ASCERTAIN FROM THE VETERANS ADMINISTRATION WHETHER ITS RECORDS SHOW THE FATHER OF YOUR LATE SON TO BE LIVING OR DEAD. WE HAVE NOW INFORMALLY ASCERTAINED FROM THAT AGENCY THAT A RECORD OF ONLY ONE CYRUS G. DAVIS HAS BEEN LOCATED AND THAT HE IS CURRENTLY RECEIVING VETERANS' BENEFITS FROM THAT ADMINISTRATION INCIDENT TO HIS SERVICE IN THE UNITED STATES ARMY FROM MAY 2, 1914, TO JUNE 4, 1920, AND FROM OCTOBER 5, 1946, TO MARCH 4, 1949. IT IS FURTHER REPORTED THAT THE LATEST CORRESPONDENCE OF THAT ADMINISTRATION WITH THE VETERAN IS DATED FEBRUARY 19, 1957. SUCH RECORDS ALSO SHOW THAT CYRUS G. DAVIS ADVISED THE VETERANS ADMINISTRATION THAT HE WAS BORN JANUARY 7, 1895, AT BANYON, PENNSYLVANIA; AND THAT HE WAS MARRIED ON JUNE 19, 1921, AT ALTOONA, PENNSYLVANIA, TO NERVIE NICKOLSEN. HE LIKEWISE ADVISED THE ADMINISTRATION THAT FOUR CHILDREN WERE BORN OF THIS MARRIAGE, NAMELY, CRISSIE, BORN DECEMBER 1, 1921, THOMAS, BORN AUGUST 6, 1923, MARY, BORN SEPTEMBER 10, 1924, AND MARSHALL, BORN FEBRUARY 2, 1926.

SINCE THE ABOVE-MENTIONED PERSON APPARENTLY IS THE FATHER OF YOUR LATE SON AND THE RECORD INDICATES THAT HE IS STILL LIVING, THERE IS NO FURTHER ACTION WE MAY TAKE AT THIS TIME WITH RESPECT TO YOUR CLAIM FOR THE BALANCE DUE YOUR SON'S ESTATE. IN THAT CONNECTION IT MAY AGAIN BE POINTED OUT THAT THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, AND THE SUPERSEDING PROVISIONS OF SECTION 29 OF THE ACT OF SEPTEMBER 2, 1958, 72 STAT. 1563, CONSTITUTE OUR SOLE AUTHORITY FOR SETTLING YOUR LATE SON'S ACCOUNT. UNDER THE PROVISIONS OF THOSE STATUTES THERE IS NO AUTHORITY TO ALLOW ANY AMOUNT TO THE ADMINISTRATRIX OF A DECEASED HEIR. AND, WHILE A PROBATE COURT OF THE STATE OF PENNSYLVANIA HAS JUDICIALLY DETERMINED THAT THE FATHER IS PRESUMED TO BE DEAD, SUCH DETERMINATION IS NOT CONCLUSIVE ON THIS OFFICE AND CONSTITUTES NO LEGAL BASIS TO ALLOW YOU THE BALANCE DUE AS THE SOLE SURVIVING PARENT SINCE THE RECORDS OF THE VETERANS ADMINISTRATION INDICATE THAT THE FATHER IS STILL LIVING.

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