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![handle is hein.gao/gaobadkvd0001 and id is 1 raw text is:
DECISION
FILE: B-206339
THE COMPTROLLER GENERAL
OF THE UNITED STATEB
WASHINGTON. 0.C. 20548
DATE: January 17, 1983
MATTER OF: Estate of William A. Sixbury-Claim for Proceeds
of Lhpaid Treasury Checks
DIGEST:
Claimants assert entitlement to proceeds of 13 Treasury
checks issued in 1936 and 1937. Original payee died in
1954. Payee had indorsed one check incident to unsuc-
cessful attempt to negotiate it in 1939, but other 12
were unindorsed. Checks were found among personal
effects of payee's nephew, who was not a legatee under
payee's will and who died in 1979. Claimants are heirs
of .nephew. Mere fact of possession does not establish
inter vivos gift or other basis of entitlement, and
record contains no evidence of delivery of checks by
payee to nephew. Therefore, GAO finds no basis to allow
claim, under either hifora Commercial Code or relevant
state law.
This is a claim for the proceeds of 13 Treasury checks issued
in 1936 and 1937. The claimants allege that the checks were a gift
from the payee to his nephew and that the nephew subsequently died
and left the checks to them. The matter has been referred to our
Office by the Departnent of the Treasury pursuant to 31 U.S.C.
§ 3328(a)(1) (formerly 31 U.S.C. § 132(a)), which provides that
where a doubtful question of law or fact exists regarding tie pre-
sentation of a Lhited States Treasury check for payment, the Secre-
tary [of the Treasury] shall defer payment until the Comptroller
General settles the question. The doubtful question in this matter
is whether the named payee transferred or delivered the checks to
his nephew with intent to make a gift, or whether the facts of tnis
case are otherwise legally adequate to permit payment. We conclude
that there is insufficient evidence to allow payment of the proceeds
to these claimants.
Between June 1936 and August 1937, the Treasury Department
issued 13 Treasury checks totalling $18,828.97 to George T. Iloweth,
a gold dealer in Syracuse, New York. Each check bore the notation
that it was issued for bullion. Except for one unsuccessful at-
tempt by Mr. Howeth to cash one of the checks in 1939, no claim was
made on any of the checks until February 1980, when the Treasury
Department was informed that the checks (12 of which were not in-
dorsed by Mr. Howeth) had been found among the personal effects of a
Mr. William A. Sixbury, of Syracuse, 1New York, who was the nephew of
Mr. lioweth, but not a legatee under Mr. Howeth's will. Mr. Sixbury
died in 1979. The claimants in the case, Harry J. Snyder and Mary
Snyder, are the residuary legatees of Mr. Sixbury's estate.
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