HC Deb 28 March 1922 vol 152 cc1115-6
22. Mr. KILEY

asked the Financial Secretary to the War Office, seeing that the late Private J. C. Carver, No. 8,514, Northumberland Fusiliers, made a military will, which has been recognised as valid by the War Office, that by that will he left everything to Miss Margaret Elizabeth Barclay, now Mrs. Snaitham, and that the War Office now refuses to pay over to Mrs. Snaitham the sum of £20 6s. 4d. belonging to the deceased soldier's estate on the ground that they have already paid this sum to the wrong person, if he will say what remedy Mrs. Snaitham has in the matter?

Sir L. WORTHINGTON-EVANS

Private Carver was reported missing on 14th September, 1914, and his death was subsequently presumed to have taken place on or since that date. In April, 1916, no will being in the possession of the War Office it was assumed that he had died intestate and his estate was issued to his father as next-of-kin. In July, 1921, the military will referred to by the hon. Member was received in the War Office. As the estate was properly disposed of according to the information in possession of the Department at the time, under the provisions of Section 18 of the Regimental Debts Act of 1893, no further liability attaches to the War Office, and the only suggestion I can make is that the legatee should endeavour to recover from the father the sum in question.

Mr. KILEY

Has she no claim against the War Office? If they have done wrong, are they not responsible?

Sir L. WORTHINGTON-EVANS

They have not done wrong, and there is no claim under Section 18 of the Regimental Debts Act.