Illinois Court of Claims Opinions
Lapsed Appropriation
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Charles M. Kenney v. State of Illinois

26 Ill. Ct. Cl. 226 Illinois Court of Claims Filed 1968-10-10 No. 5521
Disposition: (No. 5521-Claimant awarded $340.64.) Award: $340.64 Agency: Department of Public Health
Cite as: Charles M. Kenney v. State of Illinois, 26 Ill. Ct. Cl. 226 (1968)
Lapsed Appropriation 26 awarded 1960s Charles M. Kenney v. State of Illinois 26 Ill. Ct. Cl. 226 1968-10-10 (No. 5521-Claimant awarded $340.64.) /opinions/v26-p0267-1/

CHARLES M. KENNEY, ADMINISTRATOR OF THE ESTATE OF JERRY DEAN SEIPEL, Claimant, v. STATE OF ILLINOIS, Re- spondent.

Case summary

Claimant sought payment for accumulated vacation wages owed to deceased employee Jerry Dean Seipel. The court awarded $340.64 because the sole reason for nonpayment was a lapsed appropriation.

Claim type: Lapsed Appropriation

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. JERRY DEAN SEIPEL, Claimant, vs. STATE OF ILLINOIS, Re- WILLIAM G. CLARK, Attorney General; LEE D. MAR- PERSONAL SERVICES-lapsed appropriation. Where evidence showed

[*227] PERSONAL SERVICES-lapsed appropriation. Where evidence showed that the sole reason for nonpayment of claim relative to services rendered by deceased employee was due to the fact that the appropriation had lapsed, an award will be allowed.

P ~ I NC.J.

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Claimant seeks payment of the sum of $340.64 for services rendered the Department of Public Health.

The parties have stipulated that the report of the Department of Public Health be admitted into evidence in the proceeding without objection by either party. It includes the following statements :

“Jerry Dean Seipel, deceased, was employed by the Department of Public Health at the time of his death on October 11, 1966. He had 11% days of accumulated vacation, which calculated on the basis of his monthly salary entitles his estate to the sum of $340.64. Payment for this accumulated vacation has not been made, since no one furnished this Department with a properly executed small estates affidavit, letters of administration, or letters testamentary prior to May 16, 1968.

“The files of the Department do not contain any information relating to an assignment of this claim or any portion thereof, or any instance therein, to any person. It appears from the files of this Department that claimant is entitled to payment as set forth in his complaint.’’

The stipulation further states that neither party objects to the entry of an order in favor of claimant and against respondent in the sum of $340.64.

It appears that the sole reason for noiipayment of the claim herein is because of a lapsed appropriation.

Claimant is hereby awarded the sum of $340.64.

Official volume 26 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: January 10, 1967–June 20, 1969)  ·  All opinions in this volume  ·  Also on CourtListener

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