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B-237765 1 (1991-03-26)

handle is hein.gao/gaobadnvz0001 and id is 1 raw text is: *L) Xl atComptroler Gerai oth Uited States Wa~lmgton, D.C. 20645 Decision Hatter of: Claim for the Estate of James W. Smith, USA (Retired) (Deceased) File: B-237765 Data: March 26, 1991 DE MSZON We have been asked to resolve a claim for the estate of James W. Smith, USA (Retired), who was a resident of the United States Soldiers' and Airmen's Home at his death. The claim has been made by an attorney for the American Archives Association on behalf of a group of persons claiming to be relatives of the deceased. For the reasons presented below, the claim may not be paid. James W. Smith enlisted in the Army in 1927 and retired as a Staff Sergeant in 1948. He was admitted to what is now the United States Soldiers' and Airmen's Home in 1950, and lived there until his death on September 14, 1985. Secgeant Smith never married. He indicated to the Home that he had no living relatives, and he died intestate. In November 1987 Sergeant Smith's estate escheated (reverted for lack of heirs) to the permanent trust fund of the Home. Thereafter, the American Archives Association investigated and located a family which it claims is related to the deceased as siblings, nieces, and nephews. These individuals have assigned one-third of their possible shares of the estate to the Association. On their behalf the attorney for the Association filed a claim with the Home, which referred it to our Office. Administration of the United States, Soldiers' and Airmen's Home is governed by 24 U.S.C. 5§ 41-60. Disposition of the effects of a deceased resident of the Home is governed by 10 U.S.C. 55 9712 and 9713. Claims for estates of deceased inmates may be filed with our Office. 10 U.S.C. § 9713. Through the attorney for the Association, the claimants contend that James W. Smith was actually John V. Smith, their brother/uncle. John V. Smith left home in 1927 and had no further contact with his family. The claimants assert that John enlisted in the Army under the name of his older brother, James, who died in 1988.

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