Public Law 735.

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(/us/pl/75/734)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Veterans’ Administration facilities.Vesting of title and disposition of personal property left by decedents. 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.

(a)Disposition by will. 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.

(b)Property not disposed of by will. 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. 52 Stat. 1190

(c)Delivery of property. 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. Disposal of decedent’s property left or found upon premises. 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.

(a)Transfer to person designated by veteran. 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.

(b)Sale of unclaimed property. 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.

(c)Terms of sale. 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, 52 Stat. 1191 Veterans’ Administration, a trust fund provided for in Public Law [48 Stat. 1233.](/us/stat/43/1233)[31 U. S. C. § 725s.](/us/usc/t31/s725s) 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.

(d)Claims filed within five years after notice of sale. 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.

(e)Disposal of remaining property. 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. Notice of provisions of Act to persons having or bringing personal property on premises. 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. Disposition of unclaimed property. 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. Disposition of decedent’s unclaimed property. 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’ 52 Stat. 1192 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. Notice of intended sale. 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. Transportation of decedent’s effects. 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. Relinquishment of jurisdiction for certain purposes. 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. “Facility”, “Veterans’ Administration facility” defined. 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. Administrative regulations. 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. Saving clause. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the 52 Stat. 1193 Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Approved, June 25, 1938. To amend the Act entitled “An Act to authorize the President to provide housing for war needs”, approved May 16, 1918, as amended. Chapter 693 52 Stat. 1193 1938-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 75 3 public [CHAPTER 693] AN ACT To amend the Act entitled “An Act to authorize the President to provide housing for war needs”, approved May 16, 1918, as amended. June 25, 1938[[S. 1294](/us/bill/75/s/1294)][[Public, No. 735](/us/pl/75/735)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, War Housing Act, amendment.[40 Stat. 550](/us/stat/40/550). That the Act entitled “An Act to authorize the President to provide housing for war needs”, approved May 16, 1918, as amended, is hereby amended by adding at the end thereof the following new sections:" “Sec. 9. Lincoln Gardens project, New Brunswick, N. J.Acceptance by Corporation of release of rights in, acquired by contract. The United States Housing Corporation (hereinafter referred to as the ‘Corporation’) is authorized and directed to accept from any person holding an existing contract for the property in the Lincoln Gardens project, New Brunswick, New Jersey, a full release of any right or interest any such person may have acquired by reason of any such contract. Upon tender of release by any such person and acceptance by said Corporation, such contract shall become null and void and of no further force or effect, and shall be considered as a forfeiture of any right or interest any person may have acquired under or by. reason of such contract. “Sec. 10. Sale of property covered by forfeited contract. Upon any such tender, acceptance, and forfeiture, the Corporation shall sell to such person the property covered by such forfeited contract for an amount equal to the sum of

(a)15 percentum Price. of the original contract price of such property,

(b)any sum which was due the Corporation under such contract and unpaid on the date of such forfeiture, and

(c)the value of any other valid liens (but not tax liens) against such property existing on the date of such sale. Such sale shall be made upon the terms and conditions set forth Terms and conditions. in section 11 hereof, and the purchaser shall have the option to elect whether to pay the purchase price in cash or partly in cash, or to have the payment of the same in whole or in part secured by the mortgage referred to in section 11. “Sec. 11. Delivery of warranty deed. Upon the sale of such property as provided in section 10, the Corporation shall, notwithstanding any alleged tax liens against such property, execute and deliver to the purchaser a warranty deed for such property, free and clear of all encumbrances to the date of such sale. The United States, upon conveyance, shall retain a first Liens, mortgages, etc. lien for any unpaid portion of the purchase price. To secure such lien the purchaser shall execute and deliver a first mortgage to the Corporation for any unpaid portion (or all) of the purchase price. The amount of such mortgage may be increased, as may be determined by the Secretary of the Treasury and the Reconstruction Finance Corporation pursuant to the rules and regulations adopted under the provision of section 13

(b)hereof, but the face amount of any such mortgage shall not exceed 50 per centum of the original contract price at which the property was first sold by the United States. Such first mortgages shall be executed upon a form approved Approval of form. by the Federal Housing Administrator for use in the State of New Jersey, shall bear interest at a rate not to exceed 5 per centum per Interest rate. annum, and shall contain such further terms and conditions as may Insurance.[48 Stat. 1247](/us/stat/48/1247).[12 U. S. C. §§ 1707–1715; Supp. III, §§ 1709–1711, 1713](/us/usc/t12/s1707/1715).*Proviso*.Maturity. be necessary to make them legally eligible for insurance under title 2 of the National Housing Act as amended: *Provided*, That at the option of the purchaser such mortgages may be made to mature in not to exceed fifteen years. The Corporation is hereby authorized and directed to apply for such insurance. 52 Stat. 1194 “Sec. 12. Purchase of mortgages by Reconstruction Finance Corporation.

(a)The Reconstruction Finance Corporation is hereby authorized to purchase from the United States Housing Corporation, at their face value, such of the aforesaid mortgages as in the opinion of the Board of Directors of Reconstruction Finance Corporation constitute full and adequate security for the indebtedness secured Disposal. thereby, and to sell or otherwise dispose of any such mortgages so purchased for such price and upon such terms as it may determine. “(b) Sale of mortgages not purchased. Any such mortgages not purchased by Reconstruction Finance Corporation may be sold by the United States Housing Corporation pursuant to rules and regulations adopted under the provisions of section 13

(b)hereof. “(c) Use of proceeds from sale.*Ante*, p. 1193. The funds received by the United States Housing Corporation from the sales provided for in sections 10 and 13 hereof, from any collections on mortgages executed and delivered pursuant to section 11 hereof, and from any sales of such mortgages authorized by said section 11, shall be used to clear any liens described in clause

(c)of section 10, and to pay any special expenses incurred by the United States Housing Corporation in carrying out the provisions of this Act, including title expenses, recordation costs, and any expenses of the application to Federal Housing Administrator for insurance pursuant to section 11 hereof, and the remainder may, in the discretion of the Secretary of the Treasury and the Reconstruction Finance Corporation and pursuant to the rules and regulations Payment to city for public service rendered. promulgated under section 13

(b)hereof, be paid to the city of New Brunswick, New Jersey, for municipal and school service rendered to the Lincoln Gardens area and the residents thereof prior to the date of the sale of such property as provided in section 10. “Sec. 13. Failure to execute release to Corporation a bar to benefits.*Ante*, p. 1193.

(a)Anyone who fails or refuses to execute a release to the Corporation as provided in section 9 hereof, for any reasons whatsoever, within ninety days after the date such section takes effect, shall be ineligible to receive the benefits of sections 9 to 11, Enforcement of rights of United States. inclusive, of this Act, and the Corporation shall cause such proceedings to be instituted as may be appropriate to enforce the rights of the United States and if necessary, to divest anyone of any interest which may have been acquired in any property in the Lincoln Gardens project, and sell the property so recovered at public or private sale. The Corporation may, however, in its discretion, extend such time for a further period of not to exceed ninety days. “(b) Rules and regulations. The Corporation, with the approval of the Secretary of the Treasury and the Reconstruction Finance Corporation, shall have power to make such rules and regulations as may be deemed advisable in carrying out the provisions of sections 9 to 13, inclusive, of this Act and settling any pending litigation with respect to any property involved.” " Approved, June 25, 1938. To exempt retired officers of the Marine Corps and Coast Guard from certain restrictions with respect to holding office under the United States. Chapter 694 52 Stat. 1194 1938-06-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 75 3 public [CHAPTER 694] AN ACT To exempt retired officers of the Marine Corps and Coast Guard from certain restrictions with respect to holding office under the United States. June 25, 1938[[S. 1532](/us/bill/75/s/1532)][

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52 Stat. 1191
31 USC 725s
52 Stat. 1192
52 Stat. 1193
48 Stat. 1247
12 USC 1707–1715
52 Stat. 1194

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Public Law 735

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Stat.Public Law 735

Stat.Public Law 516

Stat.Public Law 736

Stat.52 Stat. 1191

Cite31 USC 725s

Stat.52 Stat. 1192

Stat.52 Stat. 1193

Stat.48 Stat. 1247

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