3. Dependency-generally-Continued. (a) Contributions of soldier-Continued.

Where a son contributed his pension money toward the support of his parent, such contribution will entitle a parent to pension. Instructions (Sec. Teller), 12 P. D. (o. s.), 263.

Actual contributions are not necessary, but any expression on the part of the soldier of a desire or intention to contribute, or even of affection or interest in the parent's welfare merely, may be accepted as proof of his recognition of an obligation to aid in a parent's support. Ibid.

Under section 4707, Revised Statutes, it is sufficient to show that the parent received, at the date of the son's enlistment, support from his labor, in whole or in part, notwithstanding the fact that, for any reason, he did not actually send any of his wages as a soldier home to the parent. Ibid.

It is immaterial whether the son actually made contributions to the father or not, unless it also appears that such contributions were actually necessary to the parent as a means of adequate support; and where the father received average wages of $1 per day, at and subsequent to the son's death, he is not pensionable. Citing David Rees, 2 P. D., 307. Father of Louis Darvean (Asst. Sec. Hawkins), 2 P. D., 372.

At the time of the soldier's death claimant's husband was furnishing her with adequate support. The soldier contributed nothing while in the service to her support: Held, She was not dependent. Quoting and following Mary, mother of Andrew J. Ault, 1 P. D. (o. s.), 135. Mother of Francis M. Applegate (Asst. Sec. Bussey), 4 P. D., 34.

As the son was physically incapable, after his service, of rendering any assistance in the support of his parents, no condition of dependence on him could exist. Father of Andrew Porter (Asst. Sec. Bussey), 4 P. D., 415.

Overruled: See Stephen F. Williams following.

In the absence of conclusive evidence showing the dependent or nondependent condition of claimant at the date of the soldier's death, rejection solely upon the ground that the soldier did not contribute to her maintenance because physically unable is disapproved. Mary Ann Riley (mother) (Asst. Sec. Reynolds), 7 P. D., 459.

Dependence upon soldier at date of his death, in section. 4707, Revised Statutes, relates to the needs, wants, and necessities of the father, mother, or minor brother or sister of soldier, not to the ability of the son to furnish support. Mary A. Franks, 7 P. D., 43, cited and approved. George W. Porter, 4 P. D., 415, overruled. Stephen F. Williams (father) (Asst. Sec. Reynolds), 7 P. D., 507.

3. Dependency, generally-Continued.

(b) Minority of soldier.

The soldier being a minor up to the date of his enlistment and to the date of his death, the parent would be entitled to his services if he were living, and therefore to a pension if he be dead. Instructions (Sec. Teller), 12 P. D. (o. s.), 263.

(c) Continuance of dependency.

In cases of dependent pensioners, they should make affidavit, or forward proof to the agent, at each period when their pension becomes due and payable, that their pensionable condition continues. Father of Martin W. B. Ellegood (Sec. Cox), 7 L. B. P., 60.

4. Succession of title.

Fathers and minor brothers became pensionable June 6, 1866, but where the mother survives, the father is entitled only from the death of the mother, and the brothers and sisters only from the death of the party preceding them, and if a widow or child under 16 survives, none of the other relatives can acquire title. Instructions (Sec. Browning), 6 L. B. P., 433.

It is only when both parents are dependent that the father's right to pension accrues upon the death of the mother, and if she was not dependent upon the son at his death, but the father was, the latter is pensionable from the date of the son's death, providing he filed an application within five years thereafter, or if the son died prior to June 6, 1866, within five years from that date. Father of Alonzo D. Pottle (Sec. Delano), 1 P. D. (0. s.), 444.

The father of a deceased soldier is not entitled to a dependent pension while the mother is a pensioner as dependent parent of said son, as the law does not contemplate separate pensions to husband and wife on account of the service and death of their son. George Colony (Sec. Chandler, 3 P. D. (0. s.), 435.

When a soldier died leaving neither widow nor child under 16 years of age, but did leave a mother, who had remarried prior to his death, and also brothers under 16 years of age, if the mother was not and the brothers were dependent upon him for support at the date of his death, the latter are pensionable, notwithstanding the fact the mother is living. Citing Alonzo D. Pottle as in conformity. Brothers of Napoleon Beck (Sec. Teller), 9 P. D. (o. s.), 275.

. If deceased soldier left a mother dependent upon him at the date of his death, the father can have no legal right to pension during her lifetime. In case of her death, or of nondependence on her part, the father succeeds to the right to file claim for 13201-10

4. Succession of title-Continued.

pension, and, if allowed, pension must commence from the date of his application. His claim is separate and independent from that of the mother. George Borror (Asst. Sec. Bussey), 3 P. D., 250.

It is only upon the mother's death that a father is clothed with a pensionable status, and it can not avail him that she does not claim pension, or has been divorced from him, or has remarried. Father of David H. Byers (Asst. Sec. Bussey), 4 P. D., 408.

The line of succession is held, for pensionable purposes, to be inseparable from the fact of pensionable dependence itself. Georgiana V. Colder (sister); Leander K. Williams, father (Asst. Sec. Bussey), 5 P. D., 18.

Under the acts of Congress providing pension for dependent relatives, the mother of a deceased soldier is first in the line of pensionable succession. Ibid.

The father of a deceased soldier is second in the line of dependent relatives for pensionable purposes, but his pensionable rights do not accrue until after the mother's death. Ibid.

No pension is provided by law for a dependent brother or sister until after the termination, by death or remarriage, of the prior right to pension of the dependent mother and father; and, at that date, the alleged dependent brother or sister must be under 16 years of age. Mary A. McElfatrick (Asst. Sec. Bussey), 5 P. D., 278.

5. Mothers-generally.

In mothers' claims, under act of March 3, 1873, section 4707, Revised Statutes, it must be shown (1) that the claimant at the date of the death of the son had no other adequate means of support than the ordinary proceeds of her own manual labor and the contributions of the son or of others not legally bound to aid in her support; (2) that the son had recognized his obligations to aid in support of said mother, or was by law bound to such support; (3) that the necessity of the pension as a means of adequate subsistence exists. Mary Ault (Sec. Delano), 1 P. D. (o. s.), 135.

There is no authority of law for allowance of pension to a dependent mother for any period prior to the date of death of the son on whose account she is pensioned. Mother of James A. Westbrook (Actg. Sec. Bell), 8 P. D. (o. s.), 433.

In those States wherein the son is bound by law to support his dependent mother, it is only necessary to show, to entitle her to pension, that she supported herself by her own manual labor after her son's enlistment. In those States where no such

5. Mothers-generally-Continued.

statute exists the question depends upon the circumstances of each case, and if she has no adequate support except by her own labor she would be dependent under the law. A mother's condition must be such that she would be in fact dependent upon the son if he were living. Instructions (Sec. Teller), 12 P. D. (o. s.), 263.

A mother shall be assumed to have been dependent upon her son within the meaning of section 4707, Revised Statutes, if at the date of his death she had no other adequate means of support than the ordinary proceeds of her own manual labor and the contributions of her son, or of any other person not legally bound to aid in her support. Ellen Welch (Asst. Sec. Bussey), 5 P. D., 394.

(a) Means of support, defined.

What are adequate means of support must depend upon the condition in life and the circumstances surrounding each case, but in every case it should be sufficient to support the mother in that condition in life in which she has lived. Instructions (Sec. Teller), 12 P. D. (o. s.), 263.

Where the amount of property possessed by a mother having no other means of support is so small that it will not yield an income sufficient to support her, and it is not probable that she could dispose of it in any way that would render her reasonably secure of a maintenance during the remainder of her life, it should not be regarded as "adequate" to her needs, and should not deprive her of the right to pension. Melcenia E. Gloyd (mother) (Asst. Sec. Reynolds), 7 P. D., 413.

(b) Marriage and remarriage.

Whether a soldier's parents were lawfully joined in wedlock or not is not a material question in a mother's claim for pension. Mother of Patrick Bush (Actg. Sec. Otto), 5 L. B. P., 140.

Under the third section of the act of July 14, 1862, the mother of a deceased soldier, if dependent in whole or in part on him for support, is entitled to the pension allowed by law, whether she be married or a widow; but if she remarries after the allowance of the same she forfeits such pension. Atty. Gen. Bates, 10 Op., 341.

The fact the father is pensioned as an invalid does not impair the mother's right to pension on account of her dependence on her deceased son. Mother of John Stewart (Sec. Cox), 7 L. B. P., 4.

A mother need not show that her husband was disabled for a period during which she could not draw pension. Mother of William J. Shane (Sec. Delano), 2 P. D. (o. s.), 380.

5. Mothers-Continued.

(b) Marriage and remarriage-Continued.

A husband being bound to support his wife unless she is delinquent toward him, the sufficiency of the maintenance afforded by him is a material question; but whether his failure to provide for her was due to his fault, neglect, or misfortune is immaterial, unless it be due to a voluntary relinquishment of his aid by her, without justifiable cause; and when the parties had no property from which they derived an income adequate to their support, the most convincing proof that she was not maintained by her husband will be evidence that he was physically unable to support her, but the fact that he was not so disabled is not of itself a sufficient reason for deciding that she was not dependent on her son. Mother of Lyman D. Morehouse (Sec. Kirkwood), 9 P. D. (o. s.), 130.

Neither the fact of remarriage prior to her son's death in the service, nor the existence of a husband by the first marriage at the date of the soldier's death, destroys a mother's pensionable status, unless nondependence itself be thereby actually proved. Mother of Abram Van Alstine (Asst. Sec. Bussey), 4 P. D., 394.

At the time of the son's death the mother was employed at manual labor as a means of support; the son prior and subsequent to his enlistment contributed from his wages to her sup port: Held, She was dependent under the law, notwithstanding she may have remarried prior to her son's enlistment. Ibid.

The pension granted a dependent mother may be terminated by her remarriage, or upon proof that her condition of pensionable dependence has ceased by reason of some source of adequate subsistence other than the proceeds of her own manual labor, etc. Margaret Ridenour (Asst. Sec. Bussey), 5 P. D., 146.

A mother's remarriage prior to her son's death raises the presumption that she was not dependent upon said son at the time of his death; and she being shown to be, for this reason, not dependent upon the soldier, his minor brothers and sisters. are pensionable if so dependent. Sisters of Ferdinand Southard (Asst. Sec. Bussey), 6 P. D., 47.

(c) Remarriage-act of June 27, 1890.

A mother's remarriage prior to filing application under the act of June 27, 1890, is no bar to pension under said act. Mother of John E. Ayres (Asst. Sec. Bussey), 6 P. D., 30.

A soldier's mother who has remarried after his death, and filed a claim for dependent mother's pension subsequent to July 1, 1880, and prior to June 27, 1890, has no pensionable