Page:United States Statutes at Large Volume 55 Part 1.djvu/894

 55 STAT.] 77TH CONG., 1ST SESS.-CH. 634--DEC. 26, 1941 Administration facility or hospital after ninety days from the date of approval of this Act, and as well the continued acceptance of care or treatment furnished by the Veterans' Administration after said ninety days by any veteran who is then receiving the same shall constitute an acceptance of the provisions and conditions of this Act and have the effect of an assignment, effective at his death, of such assets in accordance with and subject to the terms and provisions of this Act and the regulations issued in accordance with and pursuant thereto. Said Act of June 25, 1910, shall be and remain in effect during such ninety-day period except as modified by sections 3 to 10 of this enactment, which sections shall be effective upon approval of this enactment. "SEC. 2. The fact of death of the veteran (admitted as such) in a facility or hospital, while being furnished care or treatment therein by the Veterans' Administration, leaving no spouse, next of kin, or heirs, shall give rise to a conclusive presumption of a valid contract for the disposition in accordance with this Act, but subject to its conditions, of all property described in section 1 of this Act owned by said decedent at death and as to which he dies intestate. "SEC. 3 . Any assets heretofore or hereafter accruing to the benefit of the said General Post Fund, other than money, but including jewelry and other personal effects, may be sold at the times and places and in the manner prescribed by regulations to be issued by the Administrator of Veterans' Affairs. Upon receipt of the pur- chase price he is authorized to deliver at the place of sale, said prop- erty sold, and upon request to execute and deliver appropriate assign- ments or other conveyances thereof in the name of the United States, which shall pass to the purchaser such title as decedent had at date of death. The net proceeds after paying any proper sales expenses as determined by the Administrator of Veterans' Affairs shall forthwith be paid to the Treasurer of the United States to the credit of said General Post Fund; and may be disbursed as other moneys in said fund by the Division of Disbursements, Treasury Department, upon order of said Administrator: Provided, That articles of personal adornment which are obviously of sentimental value, shall be retained and not sold or otherwise disposed of until the expiration of five years from the date of death of the veteran, without a claim therefor, un- less for sanitary or other proper reasons it is deemed unsafe to retain same, in which event they may be destroyed forthwith. Any other articles coming into possession of the Administrator of Veterans' Affairs or his representatives by virtue of this Act which, under regulations to be promulgated by said Administrator, are determined to be unsalable may be destroyed forthwith or at the time prescribed by regulations, or may be used for the purposes for which disburse- ments might properly be made from said fund, or if not usable, other- wise disposed of in accordance with regulations. "SEC. 4. Disbursements from the General Post Fund shall be made by the Division of Disbursements, Treasury Department, upon the order and within the discretion of the Administrator of Veterans' Affairs for the benefit of members and patients while being supplied care or treatment by the Veterans' Administration in any facility or hospital, and this authority is not limited to facilities or hospitals under direct administrative control of the Veterans' Administration: Provided, however, That there shall be paid out of the assets of the decedent so far as may be the valid claims of creditors against his estate that would be legally payable therefrom in the absence of this Act and without the benefit of any exemption statute, and which may be presented to the Veterans' Administration within one year from the date of death, or within the time, to the person, and in the manner required or permitted by the law of the State wherein admin- Effect. Presumption of con- tract for disposition of property. Sale of accrued assets. Deliveryof property sold. Credit of proceeds. Proviso. Articles of pireronll adornment. Unsalable artliles. Disbursementsfrom General Post Fund. Proisos. Creditors' claims.

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