Digest of Decisions and Opinions Relating to Pensions and Bounty Land

6. Transports.

The expression "gunboats and war vessels" was intended to include such vessels only as were armed for battle, and does not include transports employed by the Quartermaster's Department. Ibid.

7. "Minnehaha."

The transport Minnehaha was under charter by the Quartermaster's Department, and the crew was secured and paid by the owners of the vessel. Claimant's service thereon was not as an enlisted man in the military or naval service of the United States, and he did not render service on a gunboat or war vessel of the United States, and has no title to pension under existing law. William Evans (Asst. Sec. Reynolds), 8 P. D.,

See also RATING.

1. Generally-Continued.

(a) Title as affected by divorce from soldier.

Where the record shows that the deceased soldier had procured, in his own lifetime, a regular, legal divorce from the claimant, such claimant has no legal status that the Department can recognize. Widow of James E. Stacey (Asst. Sec. Hawkins), 1 P. D., 435.

(b) As affected by remarriage.

See REMARRIAGE.

Where a widow claims pension for herself and her own children, and also declares for a child of soldier by a former wife, the claim is an entirety, and the rights of all the parties are subject to a single adjudication. In such a case the attorney is entitled to but one fee. Sarah Clark (Asst. Sec. Reynolds), 7 P. D., 47.

See SUBTITLE: UNDER ACT OF JUNE 27, 1890, and GENERAL TITLE: ABANDONMENT.

2. Title on account of ante-rebellion service.

The law makes a distinction between widows of sailors and widows of soldiers, the latter being pensionable if the soldier died of disease contracted in some war prior to March 4, 1861, while the former are pensionable only when the sailor died in the service. Mary Kelley (Asst. Sec. Reynolds), 8 P. D., (a) Soldier's widow.

In claims of widows, death of the soldier in the service must be shown. Widow of Andrew Eichberger (Sec. Delano), 2 P. D. (0. s.), 264.

Where disability of soldier was contracted prior to March 4, 1861, in time of peace, widow's claim was properly rejected upon the ground that under existing laws there was no provi sion for granting such pension. Widow of William Silvey (Sec. Schurz), 4 P. D. (o. s.), 174.

The widow of a soldier who has died or hereafter dies of disease contracted in the military service prior to March 4, 1861, is not entitled to pension unless the death cause origi nated in some war and produced disability prior to that date. Widow of Michael Heron (Sec. Kirkwood), 8 P. D. (o. s.), 294.

(b) Sailor's widow.

Under the laws existing prior to July 14, 1862, the widow of a sailor is entitled to pension only in case he died while in service; but under the act of that date she is entitled also if

2. Title on account of ante-rebellion service-Continued.

(b) Sailor's widow-Continued.

he died subsequent to service, but from a cause originating in line of duty in service. Widow of John Horner (Sec. Usher),

5 L. B. P., 141.

Although the act of July 21, 1848, relating to army pensions for service in the Mexican war, and the act of August 11, 1848, relating to navy pensions, require, in widows' claims, that the husband must have been in the service at the time of his death, such requirement is waived by the act of September 28, 1850, and by subsequent acts, and it is believed the present law should be so construed as to allow a naval officer's widow pension, even though he was not in service at the time of his death, the same as the widow of an army officer. Widow of Manco C. Dickenson (Actg. Sec. Gorham), 3 P. D. (o. s.), 409.

Under the act approved August 11, 1848, death in the service is a condition absolutely required to confer title to pension upon the widow of an officer or seaman of the Navy, where the claim for pension is founded either upon injury or disease incurred prior to March 4, 1861. Martha Garner (widow) (Asst. Sec. Bussey), 5 P. D., 238.

3. Under act of July 14, 1862.

To entitle the persons named in the second, third, fourth, and eleventh sections of the act of July 14, 1862, to the benefit of its provisions, it is essential that the officer, or other person named in the first and tenth sections of the act, should have died in the military or naval service of the United States. Actg. Atty. Gen. Coffee, 10 Op., 492.

The widow of a former assistant engineer in the Navy, who died after his resignation by reason of disease contracted in the service and line of duty, is not entitled to a pension under the act of July 14, 1862, chapter 166. Ibid.

See Widow of John Horner, SUBTITLE 2 (b).

4. Widow of naval officer.

The widow of a naval officer, to be pensionable, must snow his death cause originated in the line of duty in the service. and if such origin was subsequent to July 27, 1868, she must show all the requirements mentioned under the act of that date, now section 4694, Revised Statutes. Widow of James M. Wat

son (Sec. Teller), 9 P. D. (o. s.), 219.

5. Widow of nonenlisted man-limitation.

If a nonenlisted man was pensionably disabled, but was not entitled to pension by reason of expiration of the limitation

5. Widow of nonenlisted man-limitation-Continued.

prescribed in section 4693, Revised Statutes, the same limitation should apply to the claim of his widow. Widow of Wiley Gosnell (Sec. Delano), 2 P. D. (o. s.), 325.

See also LIMITATIONS.

6. Under act of June 27, 1890.

Under said act a widow must prove (1) her husband served at least ninety days, (2) received a final honorable discharge from the service, (3) his death, (4) that she is without other means of support than her own daily labor, (5) her marriage to him prior to June 27, 1890. Communication (Asst. Sec. Bussey), 4 P. D., 225.

Section 3 of the act approved June 27, 1890, confers its benefits upon only those widows whose husbands served ninety days or more during the war of the rebellion, who were thereafter honorably discharged, and who have since died or shall hereafter die. Catharine McCarty (Asst. Sec. Bussey), 5 P. D., 28.

(a) Dependency of.

In adjudicating the question of a widow's dependence under the act of June 27, 1890, her age, physical and mental infirmity, locality as affecting living expenses, and social condition should all be taken into account, and when the income, aside from the proceeds of her daily labor, is such as to render the securing of comfortable support a task within the reach of reasonable effort on her part, she is not dependent. Widow of Junius H. Lewis (Asst. Sec. Bussey), 6 P. D., 294.

The phrase "means of support," in third section of act of June 27, 1890, is held to include all resources, such as lands, goods, salaries, wages, or other sources of income from which the wants of life may be supplied. Eveline Holtzworth, widow (Asst. Sec. Reynolds), 7 P. D., 48.

When a widow's income from other sources, added to the proceeds of reasonable effort on her part, affords her a comfortable support she is not entitled to pension under the third section of the act of June 27, 1890 (Jennie D. Lewis, 6 P. D., 294). In general, and under ordinary circumstances, where a widow's income from sources independent of her daily labor is considerably in excess of such pension she does not occupy a pensionable status under said section. Katherine Klein, widow (Asst. Sec. Reynolds), 7 P. D., 278.

In general, where a widow is shown to have, from sources independent of her labor, an income considerably in excess of

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

(a) Dependency of-Continued.

the amount which the act of June 27, 1890, provides for widows who have no income or means of support outside of their earnings, such widow does not come within the class for whose benefit said act was intended. Susan Landgraff, widow (Asst. Sec. Reynolds), 7 P. D., 380.

Section 3 of the act of June 27, 1890, pensions a condition. The right of a widow to a pension under said act must be determined by her condition at the time she seeks to establish her right; it is in no way dependent upon or connected with her previous condition. Frances Kendall (Asst. Sec. Reynolds),

8 P. D., 197.

Soldier's life was insured for $2,500, which amount the widow received about two months after filing her application for pension under the act of June 27, 1890, and speedily squandered, since when she has been in destitute circumstances: Held, That she is entitled to receive pension from the date of her application, deducting the period during which she possessed means of support independent of her labor. Margaret O'Neill (Asst. Sec. Reynolds), 8 P. D., 333.

A widow possessed of a principal sum of $3,200, from which she derives an income of $23 monthly, is not within the terms of the third section of the act of June 27, 1890. Cases of Lewis (6 P. D., 294), and Klein (7 P. D., 278), cited and followed. Abigail Zuern (Asst. Sec. Reynolds), 8 P. D., —.

A widow of soldier who is in receipt of a gross income of $700 from her husband's estate, which is assessed at $3,535, is not "without other means of support than her daily labor' within the meaning of section 3 of the act of June 27, 1890, notwithstanding the fact that her net income is but $200 per annum. The fact that soldier left five minor children under 16 years of age does not entitle his widow to a pension under section 3 of the act of June 27, 1890, if she is not "without other means of support than her daily labor." Mary E. Stuart (Asst. Sec. Reynolds), 8 P. D., -.

A widow who owns 388 acres of land, the assessed valuation of which is $2,475, and which is incumbered by a mortgage for $200, and whose other indebtedness amounts to $50, is not "without other means of support than her daily labor" within the meaning of section 3 of the act of June 27, 1890. Ann F. Pinckley (Asst. Sec. Reynolds), 8 P. D., -.

A widow in possession of real and personal unincumbered property assessed at $3,620 is not without other means of sup

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Digest of Decisions and Opinions Relating to Pensions and Bounty Land: With ...