4. Increase on account of act of July 25, 1866—Continued.

lapses whenever the child named for it dies without receiving the same, it being granted exclusively to said child, and no one else having an interest therein. Minors of John A. McAlister (Asst. Sec. Bussey), 3 P. D., 318.

5. Insane and helpless minor.

To come within the proviso of section 3 of the act of June 27, 1890, as to insane, idiotic, or otherwise permanently helpless children a child must have been upon the pension roll at the date of the passage of said act. Minor of Samuel A. Kephart (Asst. Sec. Bussey), 4 P. D., 419.

Overruled: 7 P. D., 163.

The third section of the act of June 27, 1890, applies to only such insane, idiotic, or permanently helpless minor children as were on the pension roll at the date of the passage of the act, or who succeeded to or were granted a pension subsequent to said date; and there is no provision in the act whereby a minor's pension that has lapsed by reason of age or by operation of law may be revived or started afresh on account of either a physical or a mental disability. Catherine Lott (Asst. Sec. Bussey), 5 P. D., 382.

Overruled: 7 P. D., 163.

The proviso in section 3 of the act of June 27, 1890, providing for the perpetuity of the pensions of minor children who are "insane, idiotic, or otherwise permanently helpless" applies to only those minors who are already pensioned under the general law or who may be pensioned under the act of June 27, 1890. It does not restore names to the pension rolls. Minor of Joseph Gateson (Asst. Sec. Bussey), 5 P. D., 417.

Overruled: 7 P. D., 163.

If a child has passed the age of 16 years without applying for pension under the act of June 27, 1890, it is not pensionable under the proviso of section 3 of the act of June 27, 1890, relative to insane, idiotic, or otherwise permanently helpless children, although it may have been at one time pensioned as a minor under former laws, its pension having ceased on its attaining its sixteenth year. A. P. Alexander, attorney (Asst. Sec. Bussey), 6 P. D., 40.

Under the proviso of section 3 of the act of June 27, 1890, the pension of an insane, idiotic, or permanently helpless minor which has ceased by reason of the minor attaining the age of 16 years before the passage of the act, is renewable from the date of the application therefor upon proof of the continued

5. Insane and helpless minor-Continued.

and uninterrupted insanity, idiocy, or helplessness of the claimant. Cases of Schuyler C. Kephart, 4 P. D., 419, and Alphonseine Gateson, 5 P. D., 417, overruled. Minors of Jacob Loeb (Asst. Sec. Reynolds), 7 P. D., 163.

The "insane, idiotic, or otherwise permanently helpless minor child" provided for under the first proviso to section 3 of the act of June 27, 1890, refers to a minor under 16 years of age at the death of the soldier father, under the provisions of the amended section 4702, Revised Statutes, or who is under 16 years of age at date of filing application under said section 3 of said act of June 27, 1890. Widow of Abraham Dubois (Asst. Sec. Reynolds), 8 P. D., -.

The payment of the $2 increase to the mother on account of an insane or helpless minor will be continued after such minor has attained its sixteenth year and so long as such insanity or helplessness continues, subject to the limitations imposed by section 4706, Revised Statutes, and act of August 7, 1882, amending section 4702, Revised Statutes. Instructions to Commissioner (Asst. Sec. Reynolds), 7 P. D., 167.

The rate to be allowed an insane or helpless minor is governed by the law under which the pension is granted. Where more than one minor has been pensioned, and the pensionable period of one or more of them has not expired when an insane or helpless minor has attained its sixteenth year, said minors are entitled to receive their pensions until the expiration of their pensionable minority, and the pension of the insane or helpless minor should continue at the rate of $2 until the youngest child attains its pensionable majority, at which date title to the continuance attaches at the rate provided by the law under which the pension was granted. Ibid.

A soldier's child who becomes insane or permanently helpless after he has completed his sixteenth year is not entitled to a pension under the provisions of the third section of the act of June 27, 1890. John J. Marshall (Asst. Sec. Reynolds), 7 P. D., 213.

A deceased soldier's minor 17 years of age who has been sent to school eight years and can not be taught to read, write, or count, who has no memory nor sufficient mind to properly care for his body or the offices of nature, and who is incapable of transacting any business, is so "idiotic and permanently helpless" as to come within the proviso of the third section of the act of June 27, 1890, entitling him to a continuance of the pension heretofore granted for his benefit. Clarence Loveitt (Asst. Sec. Reynolds), 7 P. D., 405.

5. Insane and helpless minor-Continued.

A declaration under section 3 of the act of June 27, 1890, on behalf of an alleged helpless child (at present a copensioner with other minors) for continuance of pension to an insane, idiotic, or otherwise permanently helpless minor filed prior to the period when such minor shall have attained the age of 16 years will not be considered nor the claim adjudicated until such alleged helpless child becomes 16 years of age. And in the event such continuance of pension shall be granted by reason of permanent helplessness the same will commence on the day following the termination of the minor's pension previously granted. Minor of George W. Good (Asst. Sec. Reynolds), 8 P. D.,

During the life of the widow pensioner, not married, no minor has any pensionable rights, and the only allowance that can be made on account of a helpless minor under the act of June 27, 1890, in such a case is the continuance of the $2 increase to the widow, and she alone can apply for and obtain it. Commencement of increase of a widow's pension on account of an insane or helpless minor must be from the date of filing a proper application by the widow, and can not date. from the filing of a power of attorney from the widow. Sarah L. Zimmerman (Asst. Sec. Reynolds), 8 P. D., —.

The third section of the act of June 27, 1890, makes no grant of a pension to an insane, idiotic, or permanently helpless child of a deceased soldier who is over the age of 16 years, but provides only for the continuance of a pension heretofore granted or hereafter to be granted to such a minor child under the age of 16 years or to a widow on its account. Minors of William F. Pettit (Asst. Sec. Reynolds), 8 P. D., 306.

The continuance of pension to a minor who has been pensioned after he has become 16 years old is based on the fact that he is "permanently helpless." The loss of one leg does not render a minor "permanently helpless" in contemplation of the statute. John M. Laughlin, minor (Asst. Sec. Reynolds), 8 P. D., 52.

The term "permanently helpless," in the third section of the act of June 27, 1890, is, in its application to the capacity of a minor to earn a support, relatively of the same meaning as the words “insane" and "idiotic," used in the same clause. Ibid.

6. Limitation-act of June 27, 1890.

A child who is over 16 years of age at the time of filing an application for minor's pension under the act of June 27, 1890, is not pensionable under said act, although it may be permanently helpless, insane, or idiotic. Minor of Elbridge Kennard (Asst. Sec. Bussey), 6 P. D., 74.

6. Limitation-act of June 27, 1890-Continued.

Held, Where pension granted to widow on account of a minor child of her deceased husband has been terminated because such child had attained its sixteenth year, and said child has been continuously since reaching its sixteenth year insane, idiotic, or otherwise permanently helpless, pension may be allowed it (subject to the right of other minor children of the deceased father to participate with it in such pension during their minority), after the termination of the widow's right to pension, from the date of filing application therefor subsequent to June 27, 1890, upon proof of its continued insanity, idiocy, or permanent helplessness, the rate of such pension being determined by the law under which original title is taken. (See Letter of Instructions, 7 P. D., 167.) So much of decisions of May 11, 1894, in claim of child of David Gillian, deceased, and of May 23, 1895, in claim of child of Hiram F. Parker, deceased, as is in conflict herewith is overruled. Minor of Joseph Disbrow (Asst. Sec. Reynolds), 8 P. D., 142.

There is no provision of law by which a helpless or idiotic child who was over 16 years of age at the death of the soldier father can be pensioned. Widow of Abraham Dubois (Asst. Sec. Reynolds), 8 P. D., -.

7. Limitation-act of March 3, 1879, and prior laws.

Where a soldier dies, leaving no widow, but a minor child, such child is pensionable, although it does not file its application until it has attained its sixteenth year, and if he dies leaving a widow and a minor child, such child is pensionable on the remarriage or death of the widow although it does not apply until after it is 16 years of age. Citing opinions of Atty. Gen. Wirt, June 9, 1825, and Atty. Gen. Butler, April 5, 1836, in analogous cases. Child of James H. Hawksley (Sec. Browning), 6 L. B. P., 454.

The soldier having left a minor under the age of 16 years and the widow having remarried without the payment to her of any part of the pension, it was proper at the time this case was adjudicated, in June, 1868, to pay the pension to the minor. Martha A. Watson (Actg. Sec. Bell), 7 P. D. (o. s.), 212.

Where a widow survives, the minor child is pensionable only from the date of the widow's remarriage, and the fact the widow has allowed her right to pension to the date of her remarriage to lapse (under act of March 3, 1879) can not avail the child. Minor of George G. Shumard (Sec. Teller), 10 P. D. (o. s.), 212.

Under section 4702, Revised Statutes, a minor child has no title for any period preceding the widow's remarriage, and if such child is over 16 at date of such remarriage there is no

7. Limitation-act of March 3, 1879, and prior laws-Continued. period of time for which it is entitled to pension, although the widow subsequently dies without having applied for pension. Following G. G. Shumard; distinguishing this from Catherine Jones, October 21, 1870, in that the law governing that case is not the law governing this; and the case of C. O. Thompson, May 4, 1869, and section 4709 as not applicable. Minor of James M. Poole (Sec. Teller), 14 P. D. (o. s.), 162.

The conditions under which the child or children of a deceased soldier who leaves a widow may be pensioned are (1) the remarriage of the widow; (2) the death of the widow without payment to her of any part of the pension; (3) the forfeiture of widow's pension; and these conditions must arise during the pensionable minority of the child or children. Minors of Patrick Fitzpatrick (Asst. Sec. Bussey), 5 P. D., 248. Overruled: 8 P. D., 111.

The exception contained in the proviso to the second section of the act of March 3, 1879, which declares that the limitation therein contained "shall not apply to claims by or in behalf of children under 16 years of age," is descriptive of a class of claims wherein title has accrued by reason of minority at the date of the father's death, and does not limit the pensionable period and age during which said minors must apply. Such claims are excepted from all limitation and are not forfeited by neglect to apply during the period of pensionable minority. Minors of Thomas W. Baugher (Asst. Sec. Reynolds), 7 P. D., 433.

Where soldier dies leaving a widow and minor children under the age of 16 years surviving him, such children may, under section 4702, Revised Statutes, after attaining the age of 16 years and where the death of their mother occurs thereafter without payment to her of any part of the pension, apply in their own right and receive the same pension as the father would have been entitled to had he been totally disabled, to commence from the date of his death and to continue until they respectively arrive at the age of 16 years. Cases of Mary J. Hix, 5 P. D., 79, and Patrick Fitzpatrick, 5 P. D., 248, holding a contrary view, overruled. Minors of Eli Phipps (Asst. Sec. Reynolds), 8 P. D., 111.

8. Stepchildren

When a widow claims pension under act of June 27, 1890, for herself and her minor child, and afterwards files an affidavit declaring for children of the soldier by a former marriage, and the guardian of the children files another declaration claiming on their account: Held, That the two declarations constitute but