B-191904 July 19, 1978

B-191904 July 19, 1978

The Honorable Barbara Allen Babcock Assistant Attorney General Civil Division Department of Justice

Attention: James F. Merow, Chief Court of Claims Section

Dear Ms. Babco

Subject: Mary E. Hock, Executrix v. United States, Court of Claims No. 243-78

By letter of May 5, 1978 (file reference: BAB:DSE:els, 154-243-78), you forwarded a copy of a petition tiled in the United States Court at Claims in the above entitled case and requested our report thereon.

Plaintiff, through her counsel, originally submitted a claim to the General Accounting Office (GAO) by letters dated April 14 and July 1, 1977, seeking return of the $139,936.35 allegedly given to the Treasury of the United States, as an anonymous gift, by the decedent Joseph F. LePage. Plaintiff sought return of the funds on the grounds that Mr. LePage had been mentally incompetent and thus was incapable of forming the intent necessary to make a valid gift. By Settlement Certificate dated July 28, 1977, our Claims Division disallowed the claim. The essence of the disallowance was that GAO cannot make a determination as to Mr. LePage's mental competency at the time of the alleged donation.

By letter dated February 14, 1978, plaintiff's counsel reasserted the claim and submitted considerable supporting documentation, consisting of various bank and tax documents purporting to show that Mr. LePage was in fact the anonymous donor, and various medical records relating to the issue of Mr. LePage's mental competency. We are enclosing a copy of our letter of today to Ms. Hock, advising her that, since we are not in a position to make the factual determinations necessary to establish the validity of the claim, and since the matter is now in litigation, we are unable to take any further action on her claim.

Copies of all other pertinent documents from our file were given to Mr. David Eisenberg. Court of Claims Section Civil Division, on July 17, 1978.

For purposes of the present litigation, the statement in the July 1977 Settlement Certificate that the funds may not be withdrawn from the Treasury without congressional appropriation should be disregarded. Should the Court enter judgment for the plaintiff, the judgment, when final would be payable from the permanent appropriation established by 31 U.S.C. Sec. 724e.

Finally we have no record of any claim or other against the petitioner which might furnish the basis for cutoff or a counterclaim in this case. Should any further question arise in this matter, the attorney assigned to the case is Mr. Fred Durrah, telephone 275-5544.

Sincerely yours,

Mrs. Rollee Efros Assistant General Counsel

Enclosure