B-144349, NOV. 30, 1960

B-144349, NOV. 30, 1960

TO MRS. ANNA MAE O-DAY:

YOUR LETTER OF SEPTEMBER 21, 1960, REQUESTS FURTHER CONSIDERATION OF OUR SETTLEMENT OF JUNE 28, 1960, WHICH AUTHORIZED PAYMENT TO YOU OF THE SUM OF $521.95 REPRESENTING THE BALANCE OF YOUR SHARE OF CANCELED TREASURY (SOCIAL SECURITY) CHECK NO. 68,655,163, DATED JANUARY 3, 1960,FOR $2,151.50 AND PAYABLE TO THE ORDER OF YOUR BROTHER, JAMES J. DORAN, NOW DECEASED.

THE PROCEEDS OF SUCH A CHECK ARE ASSETS OF THE DECEDENT'S ESTATE AND WOULD ORDINARILY BE ADMINISTERED BY THE EXECUTOR OR ADMINISTRATOR OF HIS ESTATE. BEERS V. FEDERAL SECURITY ADMINISTRATOR, 80 F.SUPP. 183. IN THE ABSENCE OF THE APPOINTMENT OF SUCH A LEGAL REPRESENTATIVE OF THE DECEDENT'S ESTATE, AND IT IS INDICATED NONE WAS APPOINTED IN THIS CASE, THE PROCEEDS OF THE CHECKS MUST NECESSARILY BE DISPOSED OF IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, THE DOMICILE OF THE DECEDENT AT THE TIME OF HIS DEATH. UNDER SUCH LAWS, WHERE A RESIDENT DIES INTESTATE LEAVING NO SURVIVING WIDOW, CHILDREN, OR PARENT, THE PERSONAL PROPERTY OF THE DECEDENT AFTER THE PAYMENT OF DEBTS AND FUNERAL EXPENSES IS FOR DISTRIBUTION AMONG THE SURVIVING BROTHERS AND SISTERS OF THE DECEDENT IN EQUAL SHARES. SEE ILLINOIS STATUTES ANNOTATED (SMITH-HURD, SUPP. 1960) CH. 3 SEC. 162. SINCE THE RECORD INDICATES THAT THE DECEASED WAS ALSO SURVIVED BY A BROTHER, JOHN EDWARD DORAN, ONE-HALF OF THE BALANCE OF THE PROCEEDS OF THE CHECK WAS RETAINED PENDING RECEIPT OF A CLAIM FROM HIM. YOUR LETTER OF JULY 30, 1960, CLAIMED THE ENTIRE BALANCE DUE THE ESTATE OF MR. JAMES J. DORAN OSTENSIBLY ON THE BASIS OF YOUR HAVING PAID THE EXPENSES OF THE DECEDENT'S LAST ILLNESS. YOU WERE ADVISED IN OUR LETTER OF AUGUST 25, 1960, THAT IN THE ABSENCE OF RECEIPTS COVERING SUCH LAST ILLNESS EXPENSES AND A DEFINITE STATEMENT FROM YOU AS TO THE EXACT AMOUNT WHICH YOU PAID IN SUCH BILLS FROM YOUR OWN FUNDS, PAYMENT COULD NOT BE MADE TO YOU.

YOU SAY IN YOUR LETTER OF SEPTEMBER 21, THAT YOU SUPPLIED THE DECEASED WITH CERTAIN NAMED ITEMS SUCH AS SHAVING CREAM AND TOOTH PASTE. THE COST OF SUCH ITEMS WOULD BE INCURRED BY A HEALTHY AS WELL AS BY A SICK PERSON. YOU ALSO MENTION TAXI FARES WHICH APPEAR TO BE IN CONNECTION WITH YOUR VISITS TO THE HOSPITAL, AND TELEPHONE TOLL CALLS WITHOUT ANY STATED PURPOSE. YOU ALSO SAY YOU FURNISHED SALT-FREE FOOD TO THE DECEDENT, BUT YOU INDICATE THAT THE EXPENSE OF SUCH FOOD WAS NOT NECESSITATED BY THE DECEDENT'S CONDITION OR PURSUANT TO MEDICAL ADVICE BUT BECAUSE HE DID NOT LIKE THE FOOD SERVED AT THE HOSPITAL. YOUR LETTER OF SEPTEMBER 21, ENCLOSED TWO CANCELED CHECKS IN THE AMOUNT OF $300 EACH. YOUR LETTER AND THE STATEMENTS CONTAINED ON THE FACE OF THE CHECKS REVEAL THAT THE CHECKS WERE ISSUED BY YOU AS DONATIONS FOR MASS SERVICES. SUCH EXPENDITURES ARE INCURRED FOR SPIRITUAL WELFARE AND MAY NOT LEGALLY BE CONSIDERED AS INCURRED IN CONNECTION WITH THE EXPENSES OF A PERSON'S LAST ILLNESS WHICH ARE PHYSICAL IN NATURE.

WHILE IT APPEARS THAT YOU MAY HAVE INCURRED SOME EXPENSES IN CONNECTION WITH THE DECEDENT'S LAST ILLNESS YOU HAVE FAILED TO ESTABLISH EVEN APPROXIMATELY THE AMOUNT OF SUCH EXPENSES PAID BY YOU. ON THIS BASIS WE CANNOT DETERMINE WHAT PART, IF ANY, OF THE BALANCE OF CHECK NO. 68,655,163 WOULD LEGALLY BE DUE YOU.

HOWEVER, IT MIGHT BE THAT THE SURVIVING BROTHER OF THE DECEASED WOULD BE WILLING TO EXECUTE A WAIVER OF HIS RIGHTS IN THIS MATTER, UNDER THE CIRCUMSTANCES. IF YOU DESIRE TO ATTEMPT TO SECURE SAME AND YOU ARE SUCCESSFUL THEREIN, THE WAIVER SHOULD BE SUBMITTED TO THE GENERAL ACCOUNTING OFFICE, CLAIMS DIVISION, WASHINGTON 25, D.C., ALONG WITH A NEW CLAIM SIGNED BY YOU. SUCH A CLAIM NEED NOT BE IN ANY PARTICULAR FORM. UPON THE RECEIPT THEREOF, FURTHER CONSIDERATION WILL BE GIVEN TO THIS MATTER. YOUR CANCELED CHECKS ENCLOSED WITH YOUR LETTER OF SEPTEMBER 21, 1960, ARE RETURNED.