Howell v. United States

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 of June 30,1906, 34 Stat. 750; as amended, 58 Stat. 795 (1944), 60 Stat. 30 (1946), 10U. S. C. § 868.

On April 27, 1951, First Lieutenant Martin Frederick Howell, Jr., was…