Volume 52 · 1190
Public Law 75–692
To provide for the vesting of title, and the disposition of personal property left or found upon premises used as Veterans’ Administration facilities, and for other purposes.
Approved June 25, 1938
Statutory text
AN ACT
To provide for the vesting of title, and the disposition of personal property left or found upon premises used as Veterans’ Administration facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That personal property left by any decedent upon premises used as a Veterans’ Administration facility, which premises are subject to the exclusive legislative jurisdiction of the United States and are within the exterior boundaries of any State, Territory, insular possession, or dependency of the United States, shall vest and be disposed of as provided herein subject to the limitations and exceptions as herein provided.
If such person died leaving a last will and testament probated under the laws of the place of his domicile or under the laws of the State, Territory, insular possession, or dependency of the United States within the exterior boundaries of which such said premises or a part thereof may be, the personal property of such decedent situated upon such premises shall vest in the person or persons entitled thereto under the provisions of said last will and testament.
If such person died leaving any such property not disposed of by a last will and testament probated in accord with the provisions of this section such property shall vest in the persons entitled to take the same by inheritance under and upon the conditions provided by the laws of the decedent’s domicile: Provided, That this
Proviso.
Property to which United States is entitled; exception.
subsection shall not apply to property to which the United States is entitled except where such title is divested out of the United States.
Any officer or employee of the United States in possession of any such property may deliver same to the executor (or the administrator with will annexed) who shall have qualified in either jurisdiction as provided in (a) hereof; or if none such then to the domiciliary administrator or to any other qualified administrator
No Federal liability.
who shall demand such property. When delivery shall have been made to any such executor or administrator in accordance herewith neither the United States nor any officer or employee thereof shall be liable therefor.
Sec. 2.
Notwithstanding the provisions of section 1 of this Act the Administrator of Veterans’ Affairs is hereby authorized as hereinafter in this Act provided and limited to dispose of the personal property of such decedent left or found upon such premises.
If any veteran (admitted as a veteran), upon his last admission to, or during his last period of maintenance in, a Veterans’ Administration facility shall have designated in writing a person (natural or corporate) to whom he desires his personal property situated upon such facility to be delivered, upon the death of such veteran the Administrator of Veterans’ Affairs or employee of the Veterans’ Administration authorized by him so to act, may transfer possession of such personal property to the person so designated.
If person designated does not exist or fails to request such property.
If there exists no person so designated by the veteran or if the one so designated declines to receive such property, or if he has failed to request such property within ninety days after the Veterans’ Administration mails to such designate a notice of death and of the fact of such designation, a description of the property, and an estimate of transportation cost, which shall be paid by such designate if required under the regulations hereinafter mentioned, or if the
Disposition if Administrator declines to transfer to such designate.
Administrator declines to transfer possession to such designate, possession of such property may in the discretion of the Administrator of Veterans’ Affairs, or his designated subordinate, be transferred to the following persons in the order and manner herein specified unless the parties otherwise agree as in this Act provided, namely, executor or administrator, or, if no notice of appointment received, to the widow (or widower), child, grandchild, mother, father, grandmother,
If two or more persons request the property.
grandfather, brother, or sister of the veteran. In case two or more of those named above request the property, only one shall be entitled to possession thereof and in the order hereinbefore set forth, unless they otherwise agree in writing delivered to the Veterans’
Claim by two or more relatives with equal priorities.
Administration. If claim be made by two or more such relatives having equal priorities, as hereinabove prescribed, or if there be conflicting claims the Administrator of Veterans’ Affairs or his designated subordinate may in such case select the one to receive such possession, or may make delivery as may be agreed upon by those entitled, or may in his discretion withhold delivery from them and require the qualification of an administrator or executor of the veteran’s estate and thereupon make delivery to such.
If the property of any decedent is not so delivered or claimed and accepted the Administrator of Veterans’ Affairs or the employee authorized by him may dispose of such property by public or private sale in accordance with the provisions of this Act and regulations to be prescribed by the Administrator of Veterans’ Affairs pursuant hereto.
All sales authorized by this Act shall be for cash upon delivery at the premises where sold and without warranty, express or implied.
Disposition of proceeds of sales.
The proceeds of such sales after payment of any expenses incident thereto as may be prescribed by regulations, together with any other moneys left or found on a facility, not disposed of in accordance with this Act, shall be credited to the general post fund, National Homes, Veterans’ Administration, a trust fund provided for in Public Law
Numbered 473, Seventy-third Congress, section 20 (45), June 26, 1934 (U. S. C., title 31, sec. 725s). In addition to the purposes for which
Use of fund to satisfy any legal liability.
the said fund may be used under the existing law, disbursements may be made therefrom as authorized by the Administrator of Veterans’ Affairs by regulation or otherwise for the purpose of satisfying any legal liability incurred by any employee in administering the provisions of this Act, including any expense incurred in connection therewith : Provided, That legal liability shall not exist when delivery or
Proviso.
Delivery, etc., a release.
sale shall have been made in accordance with this Act.
If, notwithstanding such sale, a claim is filed with the Administrator of Veterans’ Affairs, within five years after notice of sale as herein required, by or on behalf of any person or persons who if known would have been entitled to the property under section 1 or to possession thereof under section 2 of this Act, the Administrator shall determine the person or persons entitled under the provisions of this Act and may pay to such person or persons so entitled the proceeds of sale of such property, less expenses. Such payment shall
Payment from trust fund.
be made out of the said trust fund, and in accord with the provisions of section 1 or 2 of this Act: Provided, That persons under legal disability
Proviso.
Claims by persons under legal disability.
to sue in their own name may make claim for the proceeds of sale of such property at any time within five years after termination of such legal disability.
Any such property, the sale of which is authorized under this Act and which remains unsold, may be used, destroyed, or otherwise disposed of in accordance with regulations to be promulgated by the Administrator of Veterans’ Affairs.
Sec. 3.
All persons having or bringing personal property on the premises of a Veterans’ Administration facility shall be given reasonable notice of the provisions of this Act. In case of a mentally incompetent person, notice hereof shall be given the guardian or other person having custody or control of such person or, if none, to his nearest relative if known. The admission to or continued maintenance in such facility after reasonable notice of the provisions of this Act shall constitute consent to the provisions hereof. The death of any person on any such facility or the leaving of property thereon shall be prima facie evidence of a valid agreement for the disposition of such property in accordance with the provisions of this Act.
Sec. 4.
Any other unclaimed property found on the premises under the control of the Veterans’ Administration shall be stored by the officer in charge of such premises and may be sold, used, destroyed, or otherwise disposed of in accordance with regulations to be promulgated by the Administrator of Veterans’ Affairs if the owner thereof fails to claim same within ninety days. If undisposed of
Reclaiming of property.
the same may be reclaimed by the owner, his personal representative or next of kin, upon payment of reasonable storage charges to be
Sale; disposition of funds.
prescribed by regulations. If sold, the net proceeds thereof shall be credited to said post fund to be expended as other assets of such fund: Provided, however, That the person who was entitled to such
Proviso.
Payment of proceeds of sale to person entitled, etc.
property, or his legal representative, or assignee, shall be paid the proceeds of sale thereof, less expenses if claim therefor be made within five years from the date of finding. If the owner shall have
Condition.
died intestate without creditors or next of kin surviving, such proceeds shall not be paid to his legal representative.
Sec. 5.
Any unclaimed personal property as described in section 2 of this Act of veterans who have heretofore died or who may hereafter die while maintained as such in a national home for disabled volunteer soldiers, or a United States Veterans’ Bureau hospital, or a Veterans’ Administration facility, and also any unclaimed property heretofore or hereafter found or situated in such home, hospital, facility, or supply depot may be sold, used, destroyed, or otherwise disposed of in accordance with this Act, and subject to regulations promulgated by the Administrator of Veterans’ Affairs pursuant hereto; and the net proceeds of sale thereof shall be credited and be subject to disbursement as in this Act prescribed.
Sec. 6.
At least ninety days prior to any sale pursuant to this Act, written or printed notice thereof describing the property to be sold shall be mailed to the owner of the property or, if deceased, to his executor or administrator, or to the nearest kin, if any such appear by the records of the Veterans’ Administration. If none such appears from said records, similar notice shall be posted at the facility where the death occurred or property shall have been found (if in existence) and at the place where such property is situated at the time of such notice, and also at the place where probate notices are posted in the county wherein the sale is to be had. The person posting such notice shall make an affidavit setting forth the time and place of such posting and attaching thereto a copy of such notice, and such affidavit shall be prima facie evidence of such posting and admissible in evidence as proof of the same.
Sec. 7.
Upon receipt of a proper claim for such property under the provisions of this Act the Administrator of Veterans’ Affairs is hereby authorized, in his discretion and in accordance with regulations to be by him promulgated, to pay mailing or shipping charges not to exceed $10 in the case of each deceased veteran as hereinabove defined, such payments to be made from the appropriation for Salaries and Expenses, Veterans’ Administration.
Sec. 8.
Subject to the provisions of this Act and to the extent necessary to effectuate the purposes of this Act, there is hereby relinquished to the respective State, Territory, insular possession, or dependency of the United States such jurisdiction pertaining to the administration of estates of decedents as may have been ceded to the United States by said State, Territory, insular possession, or dependency of the United States respecting the Federal reservation on which is situated any Veterans’ Administration facility while such facility is operated by the Veterans’ Administration; such jurisdiction with respect to any such property on any such reservation to be to the same extent as if such premises had not been ceded to the United States:
Proviso.
State, etc., jurisdiction.
Provided, however, That nothing in this section shall be construed to deprive any said State, Territory, insular possession, or dependency of the United States of any jurisdiction which it now has nor to give any State, Territory, insular possession, or dependency of the United States authority over any Federal official as such on such premises or otherwise.
Sec. 9.
The term “facility” or “Veterans’ Administration facility” as used in this Act shall mean those facilities over which the Veterans’ Administration has direct and exclusive administrative jurisdiction, including hospitals or other facilities on property owned or leased by the United States while operated by the Veterans’ Administration.
Sec. 10.
The Administrator of Veterans’ Affairs is authorized to promulgate such regulations, not inconsistent with this Act, as may
Decisions not reviewable administratively.
be appropriate to effectuate the provisions hereof. Decisions by the Administrator of Veterans’ Affairs, or any person acting for him pursuant to specific or general delegated authority, under the provisions of this Act, shall not be reviewable administratively by any other officer of the United States.
Sec. 11.
If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.
Approved, June 25, 1938.