expense and that no claims of creditors have been asserted.
It further appearing to the Court that the plaintiff has proved
and the defendant has admitted by its pleadings that demand was
made by the plaintiff upon the defendant in accordance with the
provisions of 38 U.S.C.A. § 17d, to release and transfer the
funds in the savings account of the deceased to the plaintiff,
but that the defendant has failed and refused to do so.
The Court, after considering all the evidence and the
pleadings, finds that, by virtue of Title 38 U.S.C.A. §§ 17 and
17a, it was at all times a condition precedent to the furnishing
and acceptance of the hospital care by the said David M. Jackson
that, upon his death intestate, while receiving such care in a
Veterans Administration hospital, without surviving spouse, heirs
or next of kin, the United States of America, as trustee for the
sole use and benefit of the General Post Fund, would become
immediately vested with the ownership of all his personal
property, and that a valid contract to that effect existed
between David M. Jackson and the United States of America, as
such trustee, at and before his death.
The Court further finds that the said David M. Jackson died on
or about August 24, 1949, while receiving care and treatment at
Government expense in the Veterans Administration Hospital,
Hines, Illinois, and intestate, without leaving any surviving
spouse, heirs or next of kin entitled to receive his property
under the laws of Illinois; that no claims of creditors or other
claimants have been asserted.
The Court further finds that the defendant, by virtue of 38
U.S.C.A. §§ 17-17j, was obligated and required, upon demand by
the plaintiff, to deliver the personal property in its hands
belonging to the deceased veteran, David M. Jackson, to the
Administrator of Veterans' Affairs or his authorized
representative, said funds to inure to the sole use and benefit
of the General Post Fund; that demand was made by the said
plaintiff to the said defendant but that the said defendant has
failed and refused to comply with the demand but is holding said
funds unlawfully and without justification despite the fact that
the above described statute provides a complete acquittance to
the defendant upon delivery of such funds.
The Court further finds that the provisions of 38 U.S.C.A. §§
17-17j, are self-executing and probate or administration
proceedings are not conditions precedent to the Defendant's
release of said funds to the Plaintiff; that the said statute
provides a full and adequate method whereby any possible heirs,
creditors or other entitled claimants may present their claims to
It Is Therefore Ordered, Adjudged and Decreed and the Court
does hereby order, adjudge and decree that judgment be and is
hereby entered herein against the defendant, The Mid City
National Bank of Chicago, a corporation, and in favor of the
plaintiff, the United States of America, in the amount of
$1135.42, plus the semi-annual interest installments of July 1,
1951, January 1, 1952, July 1, 1952, and January 1, 1953, and
that costs of suit be and are hereby taxed against the defendant.
It Is Further Ordered, that any remittance made in payment of
this Judgment shall be made payable to the Veterans
Administration and may be delivered to the attorney for the
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