B-132021, JUL. 1, 1957

B-132021, JUL. 1, 1957

TO MISS MARIA DE ROSA:

YOUR LETTER DATED FEBRUARY 27, 1957, DIRECTS OUR ATTENTION TO A REMITTANCE OF $103.20 RECEIVED BY BIAGIO DE ROSA, SON OF PASQUALE DE ROSA, REPRESENTING THE PROCEEDS OF TWO CANCELED CHECKS DRAWN TO THE ORDER OF ANTONIA B. DE ROSA, DECEASED, AS THE UNREMARRIED WIDOW OF PATSY ROSA (PASQUALE DE ROSA) WHICH HAD NOT BEEN PAID PRIOR TO HER DEATH.

YOU SAY THAT BIAGIO DE ROSA IS NOT THE SOLE HEIR OF ANTONIA, BUT THAT THERE ARE FOUR OTHER CHILDREN WHO SURVIVE. YOU ADMIT THAT YOUR BROTHER, BIAGIO, PAID THE FUNERAL EXPENSES OF HIS MOTHER, BUT YOU CONTEND HE TOOK ALL THE MOVABLE PROPERTY LEFT BY HER. YOU REQUEST THAT THE SUM PAID TO HIM BE DIVIDED IN EQUAL PART AMONG THE HEIRS.

BIAGIO DE ROSA FILED BEFORE OUR OFFICE A STATEMENT SHOWING THE NAMES OF ALL THE CHILDREN OF THE DECEDENT AND FURNISHED EVIDENCE OF THE PAYMENT OF THE FUNERAL EXPENSES BY HIM. FOR THAT REASON, OUR OFFICE AUTHORIZED SETTLEMENT TO BIAGIO DE ROSA, AS REPRESENTATIVE OF THE ESTATE OF ANTONIA B. DE ROSA, DECEASED. THE PAYMENT TO HIM IN SUCH REPRESENTATIVE CAPACITY MUST BE DISTINGUISHED FROM A PAYMENT TO HIM IN AN INDIVIDUAL CAPACITY. THE MONEY RECEIVED BY HIM IN A REPRESENTATIVE CAPACITY MUST BE USED TO SETTLE ALL CLAIMS AGAINST THE ESTATE INCLUDING FUNERAL EXPENSES, ETC., AND THAT ANY SURPLUS BE DIVIDED AMONG THE HEIRS IN ACCORDANCE WITH THE LAWS OF ITALY. WE SUGGEST, THEREFORE, THAT ALL RIGHTS THAT YOU AND YOUR BROTHERS AND SISTERS HAVE REGARDING THE PROCEEDS OF THESE CHECKS, MUST BE ASSERTED AGAINST BIAGIO DE ROSA, AS REPRESENTATIVE OF THE ESTATE OF YOUR ..END :