Low v. Hanson
| Decision Date | 02 March 1881 |
| Citation | 72 Me. 104 |
| Parties | ASA LOW, Administrator of the estate of HENRY S. LONG, v. WILLIAM F. HANSON. |
| Court | Maine Supreme Court |
On agreed statement of facts.
The opinion states the case.
Asa Low, for the plaintiff.
R. P Tapley, for the defendant.
The question involved in this case is, whether the money received by the defendant from the government of the United States, as guardian of the minor children of Henry S. Long, deceased legally belongs to said children, and is properly held by the defendant as their guardian; or to the estate of said Long and should go into the hands of the plaintiff as administrator of said estate, to be administered by him.
Long died in the naval service of the United States, February 28, 1878, where he was serving as first class fireman, leaving two minor children, but no widow. The money for which this action is brought, was paid to the defendant, as guardian, as the balance due to said Long, at the time of his death, for services previously rendered.
The plaintiff, as administrator on his estate, first applied to the United States government for pay; and payment to him in his said capacity, was refused, as the parties agree, " because the same under the rules of the government, in said case, was to be paid only to the minor children of the deceased."
By R. S., U. S. § 161, " The head of each department is authorized to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property appertaining to it."
Rules and regulations of one of the departments, established in accordance with the statute, have the force of law. Gratiot v. United States, 4 How. 80; Ex Parte Reed, 100 U.S. 13; and courts take judicial notice of them.
By the rules adopted by the treasury department, which are made a part of the case, " Payment of balances due to deceased officers, seamen, and mariners, will be made to administrators, who are heirs, or appointed with the consent of the heirs; that is, to the widow, child, or children, father, mother, brother, or sister, in their order of preference, and lastly to the heirs general." " If the heirs be minors, guardians should be duly appointed."
This rule of the department is reasonable and proper, not inconsistent with law,...
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