3. Not assets.

Accrued pension does not constitute a part of the assets of a deceased pensioner, and is not devisable. Executor of Ann B. Johnson (Sec. Cox), 7 L. B. P., 69.

4. Where no application is filed.

If soldier died without filing application for pension there is no accrued pension from his discharge to death, though he was insane. Mary Uhrich (Sec. Teller), 9 P. D. (o. s.), 354. See Joseph H. Cook, SUBTITLE 11.

5. What claims to be considered pending.

Where a soldier's claim for pension stands rejected at the time of his death, on the ground that the records of the War Department show a certain fact on which alone such rejection is based, and he applied to said Department for correction of such record, which is subsequently determined by that Department to have been erroneous and is corrected accordingly, such claim shall be considered as pending within the meaning of section 4718, Revised Statutes, and of the act of March 2, 1895, although it was never formally reopened during his lifetime, nor any application made by him to the Bureau of Pensions to have it reopened. Jacob Wolhart (Asst. Sec. Reynolds), 8 P. D., 226.

When the claim of a soldier for pension or increase of pension was rejected by the Commissioner of Pensions during his life, and he died so soon thereafter that he had no opportunity to ask for a reconsideration of the case or to take an appeal to this Department, the claim may be reopened after his death and prosecuted by or on behalf of the widow or children.

When a soldier's claim for pension stands rejected by the Bureau of Pensions at the time of his death on the ground that the records of the War Department show a certain fact, upon which alone rejection is based, which is subsequently determined by that Department to have been erroneous and is corrected accordingly, such claim will be considered as pending within the meaning of the act of March 2, 1895. Henry Groppe (Asst. Sec. Reynolds), 8 P. D., 293.

6. What claims to be considered not pending.

Where a soldier's claim stands rejected at the time of his death on another than the sole ground that the records of the War Department show a certain fact or facts, and he made no effort within a reasonable time to reopen it, it shall be consid ered as not pending within the meaning of section 4718, Revised Statutes, or of the act of March 2, 1895. Jacob Wolhart (Asst. Sec. Reynolds), 8 P. D., 226.

6. What claims to be considered not pending-Continued.

When the claim of a soldier for pension or for increase of pension was rejected prior to his death, and no appeal was taken by him from such action, and no motion for reconsideration made, and when, from the lapse of time and the circumstances of the case it may reasonably be inferred that the claim had been abandoned, it must be held that at his death he had no claim pending and that his widow is not entitled under the act of March 2, 1895, which is the only law now in force relating to the payment of accrued pension, to reopen and prosecute such rejected invalid claim. Each claim of this class must, however, be adjudicated on the facts in that particular case. Henry Groppe (Asst. Sec. Reynolds), 8 P. D., 293.

Where soldier's claim was rejected and notification of the rejection sent to him seven months before his death, and he took no steps towards having the same reopened, and filed no appeal, and no mental disqualification for taking such action is shown: Held, That he had reasonable time within which to manifest an intent to prosecute the claim further, and, having failed to do so, he must be held to have abandoned it, and it was therefore not a "pending" claim at the time of his death within the meaning of section 4718, Revised Statutes, and the act of March 2, 1895. Briggs Soper (Asst. Sec. Reynolds). 8 P. D., —.

7. When widow is entitled, under old laws.

On the death of a soldier after completion of the proof in his claim for invalid pension his widow is entitled to the accrued pension due under such claim. Communication to Augustus Haviland (Sec. Cox), 6 L. B. P., 512.

8. Act of June 19, 1840, application of.

The act of June 19, 1840, has no application to pensions allowed under the act of July 14, 1862, or under subsequent acts. Sarah A. Bell (Asst. Sec. Bussey), 6 P. D., 129.

9. Act of July 27, 1868, application of.

Section 9 of the act of July 27, 1868, does not apply to cases where a widow survives. J. D. Ferris (Sec. Delano), 8 L. B. P., 453.

10. Under section 4718, Revised Statutes-Widow pensioners. In view of the Attorney-General's opinion of August 10, 1876, holding that the words "pensioner" and "person entitled to pension" in section 4718, Revised Statutes, include widow pensioners, in connection with a claim for the payment of the

10. Under section 4718, R. S.-Widow pensioners-Continued. expenses of the last sickness and burial of a pensioner who dies leaving sufficient accrued pension for such a payment, the claim for reimbursement in this case is allowed; overruling, to this extent, prior opinion of Actg. Sec. Gorham, 3 P. D. (o. s.), 373. Sarah Kilpatrick (Sec. Chandler), 3 P. D. (0. s.), 404. Superseded by act March 2, 1895.

See also SUBTITLES 10a, 10b, 25a, and 25b.

In case of the death of a widow who is in receipt of a pension, the pension which accrued from the date of the last pay. ment to her can be paid to her children who are under 16 years of age at the date of her death. It can not be paid to them if they are over the age of 16 years at the date of their mother's death. Minors of John N. Hotchkiss (Asst. Sec. Reynolds), 8 P. D., —.

(a) On death of widow while claim for accrued pension is pending.

T. died while his application for pension was pending, leav ing a widow and a daughter under 16 years of age; the mother died after the daughter attained the age of 16 years, and subsequently the pension was allowed and a certificate therefor issued: Held, That under section 4718, Revised Statutes, the daughter is entitled to the pension which had accrued up to the death of the father. Atty. Gen. Mac Veagh, 17 Op., 190.

(b) Applies to male pensioners only.

Section 4718, Revised Statutes, applies to the accrued pension of those only who are male pensioners, or male applicants for pension, under sections 4692 and 4693, Revised Statutes, and not to widow, minor children, or dependent relative pensioners or applicants for pension. Citing Minors of William Brady, 3 P. D., 90; Minors of John A. McAlister, ib., 318; also 17 Op. Atty. Gen., 190; and the contrary opinion of SolicitorGeneral Phillips, 15 Op. Atty. Gen., 591, construing together the acts of July 27, 1868, section 9, and March 3, 1873, section 25, is deemed erroneous. Rescinding Ruling 116 (January 12, 1877), and repromulgating Ruling 110 (June 30, 1876). Chil dren of Richard Martin (Asst. Sec. Bussey), 6 P. D., 107. See SUBTITLES 25a, 25b.

11. Arrears under acts of January 25 and March 3, 1879.

The widow is entitled to accrued pension between the date of soldier's discharge and date of his death, where he died, during the pendency of his claim, prior to passage of the act of January 25, 1879, under said act and the act of March 3, 1879, and section 4718, Revised Statutes, though he filed his claim more than five years after discharge. John W. Russell (Sec. Schurz), 5 P. D. (o. s.), 470.

11. Arrears under acts of January 25 and March 3, 1879—Cont'd. Where a soldier at the time of his death had a claim for invalid pension pending, on account of an injury to his back and loins, which was subsequently rejected, and his widow was pensioned on account of his death from chronic diarrhea, it was held, that inasmuch as the soldier had not alleged, in his declaration, any disability from that disease, his widow was not entitled to pension for any period prior to the date of his death. William F. Blankenbaker (Sec. Kirkwood), 9 P. D. (0. s.), 86.

A soldier died June 20, 1875, leaving a pending claim which was allowed in September following, pension dating from March 26, 1875. On appeal from rejection of the claim of his minor children for arrears from date of discharge, under acts of January 25 and March 3, 1879, the Department held that said minors were not entitled to such arrears, but, as the soldier would have been entitled thereto had he lived, his widow is equally entitled, under section 4718, Revised Statutes. Joseph H. Cook (Sec. Teller), 13 P. D. (o. s.), 44.

12. Legal representatives no title on death of widow claimant.

If a widow dies without having received any part of the pension to which she may have been entitled, all right and title to such pension at once passes from her and vests in the soldier's children who were minors at the time of his death, and her legal representatives have no title to pension accrued under her pending claim. Sophia Moritz (Asst. Sec. Bussey), 4 P. D., 50.

13. When minors not entitled to widow's accrued pension.

If the minor children of a deceased soldier can have no valid right to pension during the life of the soldier's widow, and, at the date of her death, they had attained the age of 16 years, then no title can be vested in them to the widow's accrued and unpaid pension. Mary J. Hix (Asst. Sec. Bussey), 5 P. D., 79.

Overruled; 8 P. D., 111.

14. War of 1812 claimant entitled.

The widow of a deceased claimant for pension under the act of February 14, 1871, is entitled to the accrued pension due under his claim, under said act, pending at the time of his death. J. D. Ferris (Sec. Delano), 8 L. B. P., 453.

The heirs of a deceased soldier of the war of 1812 are not entitled to accrued pension other than as specified in section 4718, Revised Statutes, the act of March 3, 1873, having repealed all acts and parts of acts inconsistent or in conflict therewith. George Lemasters (Sec. Schurz), 5 P. D. (o. s.), 479.

15. Minor pensioner.

If certificate issues to minor pensioner who dies before pay ment thereunder, no one is entitled to the accrued pension. Minor of Austin James (Sec. Cox), 7 L. B. P., 179.

(a) Death of one of several minor claimants.

Section 4718, Revised Statutes, has no application to a claim by several minor children entitled to pension one of whom dies while the claim is pending; but the surviving children are entitled to the full amount of the pension. Minors of John S. Shults (Asst. Sec. Hawkins), 2 P. D., 298, 355; Minors of William Brady (Asst. Sec. Bussey), 3 P. D., 90.

(b) Increase on account of minors.

When one of several cominor pensioners dies, no one is enti tled to the accrued $2 additional pension allowed on its account; but title to such lapses. Minors of John A. McAlis ter (Asst. Sec. Bussey), 3 P. D., 318.

(c) A minor child's child not entitled.

Section 4718, Revised Statutes, vests title to accrued pension in the widow or minor child of the soldier only, and a minor child of the soldier's child has no pensionable status. Minors of Richard Martin (Asst. Sec. Bussey), 5 P. D., 268. See s. c., 6 P. D., 107; modified, 7 P. D., 229.

16. Dependent mother's accrued pension.

The father of a deceased soldier has no title to accrued pension due under the mother's claim pending at her death. Father of William A. Mason (Asst. Sec. Bussey), 4 P. D., 176.

17. Pensioner under the act of June 27, 1890.

Accrued pension of a pensioner under the act of June 27, 1890, is payable under the act of June 30, 1890, and not under section 4718, Revised Statutes. Frances H. Collins and Eliza Gilliland (Asst. Sec. Bussey), 6 P. D., 257.

Overruled; see decision following.

The provisions of section 4718, Revised Statutes, are applicable to the act of June 27, 1890, and authorize the widow or minor children of a deceased soldier to prosecute his pending claim under said act, and to receive the accrued pension to the date of the death of such soldier. Cases of Richard Martin, Collins, and Gilliland are overruled, in so far as they announce a contrary rule, or are in conflict with this decision. Adolph Bernstein (Asst. Sec. Reynolds), 7 P. D., 229.