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B-199455 1 (1980-09-29)

handle is hein.gao/gaobadiox0001 and id is 1 raw text is: , HE COMPTROLLER GENERAL 27 DECISION I OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-199455 DATE:September 29, 1980 MATTER OF: Staff Sergeant Lawrence C. Northan, USAF Retired (Deceased) DIGEST: 1. Settlement of accounts of deceased members of armed forces is pursuant to 10 U.S.C. 2771. In absence of anyone who qualifies under clauses (l)-(5) of subsection 2771(a), dis- tribution will be made under clause (6) thereof to those persons who qualify under the laws of succession of the state where deceased member was domiciled. 2. A settlement was made under 10 U.S.C. 2771(a)(6) to those properly qualified under the laws of succession of that state based on their assertion of being the deceased member's sole next of kin, and there was no indication of the existence of any other qualified persons. Where another claim was thereafter presented, the Government has bbta.ined a good acquit-tance by the settlement and under 10 U.S.C. 2771(d) such payment bars recovery by the later claimant of any portion of the settlement. This actionis in response.to a letter from R. Patrick Rayman, Esq., on behalf of Ms. Peggy Ward concerning her entitlement to receive a share of the unpaid retired pay due in the case of the late Staff Sergeant Lawrence C. Northan., USAF, Retired-, who died July 25, 1976. The matter of thi.s claim was the subject of. a settle- ment by our Claims Division dated March 22, 1978, which allowed payment of all monies due to Hayes F.. Diggs and Mary E. Diggs as the half brother and half sister of the deceased. By settlement dated April 22, 1980, the claim of Peggy Ward was disallowed for the reason that based on Maryland law governing decedent's estates it did not appear that she qualified as a proper recipient.

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