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ROBINSON: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 24. WHICH WAS THE SUBJECT OF OUR DECISIONS OF JANUARY 19. DOES NOT AUTHORIZE US TO ALLOW THE AMOUNT DUE A DECEASED SOLDIER'S ESTATE TO CREDITORS OF THE ESTATE BUT PROVIDES ONLY THAT IF A DEMAND IS NOT MADE BY THE DECEDENT'S LEGAL REPRESENTATIVE. IF THERE IS NO SURVIVING SPOUSE. THEN PAYMENT IS AUTHORIZED TO THE BROTHERS AND SISTERS. THE OTHER BROTHERS AND SISTERS AND THE CHILDREN OF DECEASED BROTHERS AND SISTERS ARE ENTITLED TO AN ALLOWANCE OF THE BALANCE DUE SERGEANT WALKER'S ESTATE AND WE MUST RESERVE THE BALANCE DUE FOR THEM. THE FACT THAT ONE OF HIS BROTHERS MAY HAVE RECEIVED SERGEANT WALKER'S INSURANCE AND LODGE BENEFITS AND THAT YOU CAN ESTABLISH THE AMOUNTS EXPENDED BY YOU IN HIS BEHALF AFFORDS NO BASIS UPON WHICH WE MAY ALLOW ANY ADDITIONAL AMOUNT TO YOU.

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B-125865, SEP. 7, 1966

TO MRS. LOUISE W. ROBINSON:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 24, 1966, CONCERNING YOUR CLAIM FOR AN AMOUNT DUE THE ESTATE OF YOUR LATE BROTHER, JAMES T. WALKER, MASTER SERGEANT, USA, RETIRED, WHICH WAS THE SUBJECT OF OUR DECISIONS OF JANUARY 19, 1956, AND MAY 2, 1966, B 125865, TO YOU. YOU SAY IN THIS LETTER THAT THE AMOUNT OF $123.44 ALLOWED YOU BY SETTLEMENT DATED MAY 11, 1966, DOES NOT COVER THE AMOUNTS YOU SPENT AT YOUR BROTHER'S DIRECTION AND YOU EXPRESS THE VIEW THAT YOU SHOULD BE REIMBURSED FOR SUCH AMOUNTS.

AS EXPLAINED IN THE DECISION OF MAY 2, 1966, THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY THE ACT OF FEBRUARY 25, 1946, 60STAT. 30, DOES NOT AUTHORIZE US TO ALLOW THE AMOUNT DUE A DECEASED SOLDIER'S ESTATE TO CREDITORS OF THE ESTATE BUT PROVIDES ONLY THAT IF A DEMAND IS NOT MADE BY THE DECEDENT'S LEGAL REPRESENTATIVE, THE AMOUNT DUE MAY BE ALLOWED TO THE NAMED SURVIVORS IN THE DESIGNATED ORDER OF PRECEDENCE. IF THERE IS NO SURVIVING SPOUSE, DESCENDANTS, FATHER OR MOTHER, THEN PAYMENT IS AUTHORIZED TO THE BROTHERS AND SISTERS, AND THE CHILDREN OF DECEASED BROTHERS AND SISTERS, BY REPRESENTATION.

THUS, UNDER THE LAW, THE OTHER BROTHERS AND SISTERS AND THE CHILDREN OF DECEASED BROTHERS AND SISTERS ARE ENTITLED TO AN ALLOWANCE OF THE BALANCE DUE SERGEANT WALKER'S ESTATE AND WE MUST RESERVE THE BALANCE DUE FOR THEM. THE FACT THAT ONE OF HIS BROTHERS MAY HAVE RECEIVED SERGEANT WALKER'S INSURANCE AND LODGE BENEFITS AND THAT YOU CAN ESTABLISH THE AMOUNTS EXPENDED BY YOU IN HIS BEHALF AFFORDS NO BASIS UPON WHICH WE MAY ALLOW ANY ADDITIONAL AMOUNT TO YOU. CONSEQUENTLY, WHILE APPRECIATING YOUR FEELINGS IN THE MATTER, WE CANNOT LEGALLY ALLOW YOU ANY ADDITIONAL SUM FROM THE AMOUNT DUE YOUR BROTHER'S ESTATE.

REGARDING YOUR REQUEST AS TO HOW YOU MAY SECURE PAYMENT OF THE BALANCE DUE YOUR BROTHER'S ESTATE IF WE CONTINUE TO HOLD IT PENDING CLAIMS FROM THE OTHER BROTHERS AND SISTERS, YOU ARE ADVISED THAT THERE IS NO FURTHER ACTION THAT CAN BE TAKEN ADMINISTRATIVELY ON YOUR CLAIM. IF, HOWEVER, THE OTHER SURVIVORS WISH YOU TO HAVE THE AMOUNT DUE WE SEE NO REASON WHY THEY MAY NOT CLAIM THEIR RESPECTIVE SHARES AND ENDORSE THE CHECKS WHICH THEY RECEIVE IN PAYMENT OF THEIR CLAIMS TO YOU FOR COLLECTION OF THE PROCEEDS.

CONCERNING YOUR STATEMENT THAT YOU ARE NOT CASHING THE CHECK WHICH YOU RECEIVED, YOU ARE ADVISED THAT THE CHECK MAY BE NEGOTIATED WITHOUT PREJUDICE TO YOUR RIGHTS TO PURSUE YOUR CLAIM AS YOU CONSIDER NECESSARY.

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