Volume 46 · 1204
Public Law 71–268
To authorize the disposition of effects of persons dying while subject to military law.
Approved February 21, 1931
Statutory text
An Act
To authorize the disposition of effects of persons dying while subject to military law.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the effects in
Army.
Disposition of effects of persons dying while subject to military law.
the possession of the General Accounting Office of persons dying while subject to military law, including papers of value, sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other articles valuable chiefly as keepsakes, including those of deceased inmates of the Soldiers’ Home dying in any United States military hospital, where sent from said home for treatment, and similar effects hereafter received by the War Department under the provisions of the Act of June 4, 1920 (41 Stat. L. 809; U. S. C.
Vol. 41, p. 809.
U. S. C., p. 239.
Wills.
Remaining effects.
, title 10, sec. 1584), as amended, shall be delivered to the Soldiers’ Home; that wills or other papers involving property rights shall be promptly delivered to proper courts of record; that the remaining effects, if the heirs or legal representatives can not be ascertained, shall be retained by the home intact until three years from the date of the death of the person on whose behalf they were received shall have expired (in the event said period shall not have already elapsed), for the purpose of delivery to the widow or legal representative of the deceased, or to the son, daughter, father (provided the father had not abandoned the support of his family), mother, brother, sister, or the next of Irin in the order named, or beneficiary named in the will of the deceased, upon the establishment to the satisfaction of the home of a right thereto.
Sec. 2.
That after the expiration of three years from date
Sale after three years.
of death of said deceased, the Soldiers’ Home may sell, either at public or private sale, as deemed most advantageous, all or any of such effects to which a right thereto shall not have been established on behalf of said deceased, his heirs, or legal representatives:
Proviso.
Decorations, medals, etc.
Provided, That decorations, medals, and citations shall not be sold, but shall be disposed of as in section (b) following.
That such of said effects as at the expiration of five years
Effects not sold, etc., after five years.
from date of death of deceased have neither been sold nor a right thereto established on behalf of the deceased shall be finally disposed of by said home in such manner as in the interest of the public it deems most fitting, helpful, and appropriate, either by permanent retention thereof, distribution to the Veterans’ Administration, State or other military homes, museums, or other appropriate institutions, or by their destruction, if, in the opinion of the board of commissioners thereof, they no longer possess any value.
That the net proceeds received by the home from the sale of
Proceeds to Soldiers’ Home permanent fund.
such effects shall be covered into the Treasury to the benefit of the fund “Soldiers’ Home permanent fund (trust fund),” and such principal fund as thus augmented shall draw interest at 3 per centum per annum, payable quarterly to the treasurer of the home.
Sec. 3.
Claims for the net proceeds of effects may be filed with the General Accounting Office at any time prior to the expiration of six years from date of death of such deceased for action as authorized
Vol. 34, p. 750.
U. S. C., p. 201.
by law in the settlement of the accounts of deceased officers and enlisted men of the Army (Act of June 30, 1906; 34 Stat. 750; U. S. C., title 10, sec. 868), and, if not so filed, are barred from being acted on either by the courts or the accounting officers.
All claims for the net proceeds of such effects which are allowed by the General Accounting Office shall be certified to the treasurer of the home for payment by check, in the amount thus found due and accrued interest thereon, from the fund “Soldiers’ Home permanent fund (trust fund),” hereby appropriated therefor in such amount
Not to exceed pro ceeds and interest.
as necessary. No claim thus allowed or paid shall exceed the net proceeds and accrued interest derived from the particular estate and covered into the Treasury as aforesaid.
Sec. 4.
That the containers now in the possession of the General Accounting Office, in which are stored the effects enumerated in section 1 hereof, shall be transferred therefrom to the Soldiers’ Home to provide for the protection and safekeeping of such effects.
Sec. 5.
All laws and parts of laws, in so far as in conflict herewith, are repealed.
Approved, February 21, 1931.