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HOWELL v. UNITED STATES

No. 471-56.

159 F.Supp. 597 (1958)

Dorothy Mae HOWELL, Individually, and as Executrix of the Estate of Martin Frederick Howell, Jr., Deceased, v. UNITED STATES.

United States Court of Claims.

March 5, 1958.

Attorney(s) appearing for the Case

Philip M. Fairbanks, Washington, D. C., for plaintiff. Fairbanks, Stafford & Fairbanks, Washington, D. C., and T. Paine Kelly, Jr., Tampa, Fla., were on the briefs.

Frances L. Nunn, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.

Denis K. Lane, Washington, D. C., for third-party defendant.

JONES, Chief Judge.

Plaintiff sues as executrix and sole beneficiary under the will of a deceased Air Force officer to recover pay and allowances that accrued to his account under the Missing Persons Act of 1942.1 The sole issue is whether payment of this sum to the natural mother of the deceased officer prior to the time plaintiff qualified as executrix under his will discharged defendant's obligation with respect thereto under the Act...

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