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pendent establishments and deceased or incompetent officers and enlisted men in the military service, payments due deceased or incompetent individual contractors or other deceased or incompetent public creditors of the United States for supplies furnished or serv, ices performed, and claims of whatever character against the United States covering amounts due deceased or incompetent creditors which are for the General Accounting Office to adjust by direct settlement.

(i) Have you received the benefit of any exemption or allowance from the estate of the deceased, and if so, to what extent?

(j) State any additional facts on which you base your claim to any amount or amounts found due:

(Signature by mark must be witnessed)

(Signature of applicant)

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(Signature by mark must be witnessed)

(Signature of applicant) Also personally appeared before me

and both of

county of

State of.----

who, being duly sworn, say that they were well acquainted with the above-named

(Name of decedent or incompetent) and with

family and affairs; that they are well acquainted (His or her) with

the applicant herein; that they have read the statements made by the applicant in the foregoing affidavit and that such statements are true to the best of their knowledge and belief.

(Signatures by mark must be witnessed)

(Sign here)

(Signatures by mark must be witnessed)

(Sign here) Subscribed and sworn to before me by applicant and corroborating witnesses at

this

day of

19_(SEAL]

Notary Public. READ CAREFULLY

Amounts due to the estates of deceased creditors of the United States are payable primarily to the executors or administrators of the estates of su creditors. In each such case a short certificate of letters testamentary or of administration, if issued, with a showing whether still in force and effect, and this application signed by the executor or administrator, shall be submitted to the proper official.

If an executor or administrator has not been and will not be appointed and an amount not in excess of $500 is due the estate of a deceased creditor of the United States, the amount due may be paid to the person or persons who under the laws of the domicile of the decedent or an applicable Federal statute would be entitled to receive the money if administration were had. In such case this form of application should be executed by such person or persons and submitted to the proper official.

In case of an incompetent creditor, a short certificate showing the appointment and qualification of a guardian or committee of the estate of the incompetent, whether bond, if required, has been given, and whether appointment is still in force and effect, and application on this form for the payment of the sum or sums from the United States, signed by the guardian or committee, shall be submitted to the proper official.

Payments to be made on this form are for the convenience and accommodation of the claimants and the burden of proving the existence of the conditions under which such payments may be made rests upon them.

10_1844

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The standard form will also be used for making claim for payment of unpaid checks or warrants drawn to the order of Government creditors as payees, but which can not be paid because of their death or incompetency. This requirement applies not only to checks drawn by disbursing officers by whatever title known, but by the Treasurer of the United States based on warrants, and to pension, civil service retirement and all other classes of Government checks drawn on the Treasurer of the United States or other authorized Government depository, except checks drawn on local banks by postmasters under authority of section 3847, Revised Statutes (amended), and interest checks on the public debt. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f)) [Secs. 2, 3, Regs. 42, Supp. 1, Feb. 23, 1928]

PART 6-CHECKS AND WARRANTS TO DECEASED OR

INCOMPETENT PAYEES

Sec.

or

Sec. 6.1 Classification of checks, the payees 6.5 Checks which should be forwarded

of which are deceased or incompe- to Chief Disbursing Officer, tent.

Treasury Department. 6.2 Checks and warrants which should 6.6 Nonapplicability of Bulletin No. 2,

be forwarded to the Comptroller 1922 to interest checks, powers of General of the United States.

attorney, and certificates of au6.3 Applications for proceeds, by whom thority to indorse warrants to be made.

checks. 6.4 Applications for proceeds, evidence

required, and form to be used. Section 6.1 Classification of checks, the payees of which are deceased or incompetent. (a) Checks, the payees of which are de

. ceased or incompetent, are classified for the purposes of the disposition of their proceeds as follows:

(1) Checks drawn without vouchers, which bear underneath their number a letter or letters "A" or letter or letters "B”, and which were delivered to the payees in person, or delivered prior to the death of the payees to anyone authorized to receive them for the payees.

(2) Checks drawn without vouchers, which bear underneath their number the letter or letters "A" or letter or letters "B", and which were not delivered to the payees in person, nor delivered prior to the death of the payees to anyone authorized to receive them for

(3) Checks drawn with vouchers and which bear underneath their number a letter or letters “C”.

(4) Checks for refundments from retirement fund; and checks to annuitants who die on or after the last day of the periods covered by the checks.

(5) Checks to annuitants who die prior to last day or periods covered by the checks.

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the payees.

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(6) Checks the payees of which are incompetent and for which payees committees or guardians of their estates have been appointed.* (Circ. 5, Apr. 25, 1922]

*88 6.1 to 6.6, inclusive, issued under the authority contained in secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f).

6.2 Checks and warrants which should be forwarded to the Comptroller General of the United States. (a) Checks of classes (1), (3), (4), and (6), as listed in § 6.1 should be forwarded directly to the Comptroller General of the United States, General Accounting Office, Washington, D. C., for the placing upon them of an authorization for the payment of their proceeds to the party entitled thereto as assets under the statutes of the State of the domicile of the deceased.

(b) Warrants, checks drawn by the Treasurer of the United States upon warrants, and checks drawn by disbursing officers or agents of the United States, which can not be paid because of death of original payee, disqualification, or error in name or designation of, should be forwarded to the Comptroller General of the United States, General Accounting Office, Washington, D. C., without alteration or correction, for authorization for payment to the party ascertained to be entitled to the proceeds of the warrant or check upon its indorsement by such party in the usual manner.* [Circ. 5, Apr. 25, 1922, Bull. 2, May 22, 1922]

6.3 Applications for proceeds, by whom to be made. (a) The application for classes (1), (3), and (4) checks, as listed in § 6.1, should be by the executor or administrator of the estate of the deceased, or, if none, and the amount be not over $500, by the widow of the deceased, or other person claiming the proceeds as assets under the laws of his domicile, including the undertaker in the event the funeral expenses are a preferred claim by the laws of said domicile and the bill be unpaid.

(b) The application for class (6) checks, as listed in § 6.1, should be by the committee or guardian of the estate of the incompetent.

(c) The party to whom the warrant or check will be authorized payable upon indorsement in the usual manner is,

(1) In case of death or incompetency, the one entitled thereto under the laws of the domicile of the State of the deceased, in the absence of a Federal statute of distribution applying to the particular case, or the one entitled pursuant to such Federal statute if there be one.

(2) In case of error in name or designation, the payee by correct name or designation.* [Circ. 5, Apr. 25, 1922, Bull. 2, May 22, 1922] ]

6.4 Applications for proceeds, evidence required, and form to be used. Evidence to accompany checks forwarded to Comptroller General

(a) Checks of class (1). Class (1) checks, as listed in § 6.1, should be accompanied by a short certificate of letters testamentary or of administration, with a showing whether still in force and effect; or, if such letters have not been and will not be issued, and

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*For statutory citation, see note to 8 6.1. age 17

a

the payee died intestate, and the amount involved be not over $500, by an affidavit executed on accompanying blank.

(b) Delivery to payee or representative. In addition there must be a clear showing that the check was, in fact, delivered to the payee in person, or delivered prior to the death of the payee to someone authorized to receive it for the payee, giving dates of death and of delivery, and, in case where a short interval only elapsed between the date of the death and of the delivery, the hour of death and hour of delivery.

(c) Checks of classes (3) and (4). Checks of Classes (3) and (4), as listed in 8 6.1, should be accompanied by the same evidence as in paragraph (a) of requirements for Class (1) checks. That required by paragraph (b) for Class (1) checks need not be furnished

(d) Checks of class (6). Class (6) checks, as listed in . 6.1, should be accompanied by a certificate of appointment of committee or guardian of estate of incompetent, with showing whether still in force and effect and that bond has been given and accepted, if one is required. [Circ. 5, Apr. 25, 1922]

The evidence necessary to be furnished for authorizations for payment to parties entitled to proceeds of warrants or checks, the payees of which are deceased, incompetent, or erroneously named or designated, is as follows:

(e) Deceased payees. (1) If there has been or will be administration upon the estate of the deceased payee, a short certificate of letters testamentary or of administration, if issued, with a showing whether still in force, with request for authorization for payment to the administrator or executor of the proceeds of the warrant or check.

(2) If there has not been and otherwise will not be any probate action taken upon the estate of the deceased payee, and the amount be not over $500, an application by the party in interest for the ceeds of the warrant or check, showing who would be entitled to the proceeds in the event of administration under the State statutes of the domicile of the deceased, or under the Federal statute, if there be one, sworn to before an officer having a seal and authorized to administer oaths generally.

(f) State statutes. If the payment is to be authorized pursuant to the statutes of a State, the applicant should state the facts necessary to establish a claim to the proceeds of the warrant or check under the statutes of said State relating to the estates of decedents, which facts, in general, are

(1) Whether payee died testate or intestate.
(2) Whether payee left surviving a widow or husband.

(3) Whether payee left surviving a child or children, or child of a deceased child, and if any are minors whether guardian appointed, giving names and addresses of all.

(4) Whether payee left surviving a father or mother, giving names and addresses.

(5) Whether payee left surviving a brother or sister, or child of a deceased brother or sister, giving names and addresses.

pro(6) Whether any one claims or has had the benefit of any exemption under the statute; if so, in what amount and in what capacity:

(7) Whether funeral expenses of deceased payee have been paid; if so, by whom and out of what funds; whether funds of deceased or of payer, submitting receipted bill of undertaker to party making such payment.

(8) Whether the expenses of last illness, other preferred claims, and debts of deceased payee have been paid.

(9) Whether deceased payee left other assets, and, if so, amount and character thereof.

(g) Federal statutes. If the payment is to be authorized pursuant to a Federal statute, the application should be by the party entitled to the proceeds in the order named in the statute and accompanied by the evidence the statute requires for the establishment of a claim thereunder, the terms of the statute being strictly complied with.

(h) Blanks. Blanks for the applications for authorizations without administration, mentioned in paragraph (e) of this section, "Deceased Payees”, may be obtained from this office.

(i) Incompetent payees. A short certificate showing the appointment and qualification of a guardian or committee of the estate of the incompetent payee; whether bond, if required, has been given, and whether appointment is still in force.

(j) Erroneously named or designated payees. Such evidence as will satisfactorily establish the correct name or designation of the payee for the purposes of the payment as differentiated from the alleged erroneous one appearing on the face of the warrant or check. [Bull. 2, May 22, 1922]

(k) Public creditors of the United States. Standard Form

( 1055 8 will be used for making claim for payment of unpaid checks or warrants drawn to the order of Government creditors as payees, but which can not be paid because of their death or incompetency. This requirement applies not only to checks drawn by disbursing officers by whatever title known, but by the Treasurer of the United States based on warrants, and to pension, civil service retirement and all other classes of Government checks drawn on the Treasurer of the United States or other authorized Government depository, except checks drawn on local banks by postmasters under authority of R.S. 3847 (39 U.S.C. 47) and interest checks on the public debt.* [Circ. 5, Apr. 25, 1922; Bull. 2, May 22, 1922; sec. 3, Regs. 42, Supp. 1, Feb. 23, 1928]

6.5 Checks which should be forwarded to Chief Disbursing Officer, Treasury Department. (a) Class (2) checks, as listed in § 6.1, should be forwarded to the Chief Disbursing Officer, Treasury Department, Washington, D. C., for cancelation, and application should be made to the Administrator of Veterans Affairs, Washington, D. C., for payment of their proceeds, or that part accruing to the pensioner from date of last payment to date of death, (1) to his widow, (2) to the pensioner's child or children under sixteen years of age (except in the case of a dependent relative pensioner), or (3)

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'See form of application in g 5.1 of this title.

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*For statutory citation, see note to $ 6.1.

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