B-108684, MAY 8, 1952

B-108684, MAY 8, 1952

PRECIS-UNAVAILABLE

MAJOR J.W. GOODWIN, F.C., DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 12, 1952, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION ON THE CLAIM OF MRS. GEORGE A. (MAMIE) TUCKER, AS STEPSISTER OF BILL A. TAUTAK, DECEASED, LATE PRIVATE, GRADE E-1, COMPANY B, 207TH INFANTRY BATTALION (SEP), ALASKA NATIONAL GUARD, FOR ARMORY DRILL PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH, JULY 17, 1951, SUPPORTED BY SUPPLEMENTAL ARMORY DRILL PAY ROLL OF THE SAID ORGANIZATION FOR THE PERIOD FROM MARCH 1 TO MAY 31, 1951. IN THIS CONNECTION ATTENTION IS INVITED TO PARAGRAPH 12K(1), NATIONAL GUARD REGULATIONS NO. 59, AS AMENDED BY PARAGRAPH 12K, NATIONAL GUARD BUREAU CIRCULAR NO. 48, DATED DECEMBER 15, 1947, WITH RESPECT TO THE PROPER ROUTING OF REQUESTS FOR ADVANCE DECISIONS IN THESE CASES.

WITH YOUR LETTER THERE WAS SUBMITTED A STANDARD FORM NO. 1055, EXECUTED BY CLAIMANT, FROM WHICH IT APPEARS THAT NO ADMINISTRATOR OR EXECUTOR OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED; THAT HE IS NOT SURVIVED BY A WIDOW, DESCENDANTS, FATHER OR MOTHER; AND THAT IT IS NOT KNOWN WHETHER THE DECEDENT'S FUNERAL EXPENSES HAVE BEEN PAID, OR WHETHER, IF PAID, WHOSE MONEY WAS USED TO PAY SUCH EXPENSES.

IN THE ABSENCE OF A DEMAND FROM A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, AUTHORIZES AN ALLOWANCE ONLY TO THE CLASSES OF LEGAL HEIRS ENUMERATED THEREIN IN THE ORDER OF PRECEDENCE STATED. THE STATUTE GOES NO FURTHER THAN BROTHERS AND SISTERS AND CHILDREN OF DECEASED BROTHERS AND SISTERS.

THE STEPSISTER BEARS NO RELATIONSHIP TO THE DECEDENT AND IS NOT INCLUDED WITHIN THE TERM "BROTHERS AND SISTERS" AS USED IN THE SAID ACT. APPEAL OF MARY LOUISE FOSTER, REVIEW NO. 775, FEBRUARY 20, 1922, 6 MS. COMP. GEN. 1232; 25 COMP. GEN. 725. ACCORDINGLY, PAYMENT OF THE CLAIM OF MRS. TUCKER ON THE BASIS OF HER RELATIONSHIP AS A STEPSISTER OF THE DECEDENT IS NOT AUTHORIZED.

HOWEVER, IT MAY BE POINTED OUT THAT THE SAID STATUTE DOES NOT PRECLUDE PAYMENT FROM THE AMOUNT DUE OF THE FUNERAL EXPENSES OF THE DECEDENT, PROVIDING A CLAIM THEREFOR IS PRESENTED BY THE PERSON OR PERSONS WHO ACTUALLY PAID SUCH EXPENSES, SUPPORTED BY A RECEIPTED UNDERTAKER'S BILL OR BILLS, TOGETHER WITH A STATEMENT SHOWING THAT PAYMENT WAS MADE FROM THE PERSONAL FUNDS OF THE PAYER OF SUCH EXPENSES, AND THE CLAIM IS PRESENTED BEFORE SETTLEMENT OTHERWISE HAS BEEN MADE OF THE AMOUNT DUE.

THE PAPERS SUBMITTED WITH YOUR LETTER ARE RETURNED HEREWITH.