Elementary Manual of Practice

Elementary Manual of Practice : Civil War Claims

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An excerpt from the beginning: APPLICATIONS AND HEIRSHIP. Soldier.-If soldier or officer be alive, claim must be made by himself over his own signature. No assignment of a claim against the United States, in any form, can be recognized. (See 3477, R. S.) (The assignment of the soldier's final statements after his discharge and an officer's regular pay account after it becomes due are apparent exceptions to the rule.) Evidence of soldier's identity must be furnished. If by comparison of signature to the application, with signature to vouchers in the office, soldier can not be identified, then there must be the affidavits of two persons showing the claimant to be the person who served as alleged. Representatives.-If soldier be dead, anything that became due and payable to him is payable to his legal representatives or heirs. Exceptions: In case of additional bounty, under act of July 28, 186C, and bounty under act of March 3, 1863, only certain specified heirs are entitled. Extra pay in the Spanish war, under acts of January 12, 1899, and March 3, 1899, is not payable to the heirs of soldiers who became entitled but died before receiving it. Administrator Or Executor.-If there be an administrator or executor of soldier's estate, he is entitled to whatever the soldier became entitled to before his death, with the exception of bounty and extra pay referred to in last section. If the amount due the estate of the soldier or officer is over 500, payment can be made only to the administrator or executor. The application by executor or administrator must be over his own signature and accompanied by certified copy of letters testamentary or letters of administration, or by certificate of the clerk of the court showing his appointment. Payment will not be made to a public administrator unless it appear that he is acting at the request of the soldier's heirs. Payment will not be made to a creditor administrator unless it be shown that amount claimed is necessary to pay the debts of the soldier and probable costs of administration. An executor or administrator is not entitled to bounty due the soldier under act of March 3, 1863, or additional bounty under act of July 28, 1866, or extra pay under acts of January 12, 1899, and March 3, 1899. An executor or administrator is not entitled to any bounty which was not payable to the soldier but was provided for certain specified heirs by act of Congress.show more

Product details

  • Paperback | 38 pages
  • 152.4 x 228.6 x 2.29mm | 108.86g
  • Createspace
  • United States
  • English
  • black & white illustrations
  • 1507765916
  • 9781507765913