THEAxTORNEY GENERAL OFTEXAS
AUSTIN II. Tsxan WILL WIJBON **AlTORNEY** GENERAL August 13, 1959

Honorable Robert S. Calvert Comptroller of PublicAccounts Austin, Texas OpinionNo. W-686 Re: Whetherwidow, of a former TexasRanger, who subsequentlyremarried, is eligible for the pension provided in SenateBill 53, Acts 56th Legislature,Regular SesDear Mr. Calvert: sion, 1959, Chapter 283. Your opinion request relates to portionsof SenateBill No. 53, Acts 56th Legislature,Regular Session, 1959, Chapter 283, Page 629, as follows:

'Texas '$Z' 'ensions to Widows of Former ers. Dollars (

"$80.00)

A pension of Eighty permonth shall also be paid to the widow of each former TexasRanger who meets the following conditions: "(1)Thewidow was legallymarried to a TexasRanger or former TexasRanger prior to January 1, 1957, and at the time of his death; "(2)Her husbandmet the conditions set out in paragraphs (l), (2),and (3) of subsection (a) of this Section." The fact situationgiving rise to this request is as stated in your letter:‘ -

HonorableRobert S. Calvert, page 2 (WW-686)

'AnnaCooke Williamswas married to Henry Lee Ransom on the 26th day of December, 1906. She was married to the said Henry Lee Ransom, a Ranger, who was killed in line of duty in theRanger Service on the first day of March, 1918. "The saidAnna Cooke Williams later married PurdyM. Williams on the 1st day of July, 1922, and PurdyM. Williams died on the 30th day of October, 1952. 'The said Ii.

L. Ransom qualified in every respect as a TexasRanger, and were he living at this time he would be entitled to a Ranger's pension." Webster's New InternationalDictionary (Second Edition 1938) defines a widow as follows:

"Awoman who has lost her husband by death; the female survivor of a marital union." In various cases throughout the United States the courtshave held that remarriageby a woman would not terminateher widowhood. In re Rhode's Estate., 284 N.W. 706, 288 Mich; 220; Alabama PensionCommission v. Morris, 4 So.2d 896, 897 242 Ala. 110; Trathen v. United States, C.A. Pa., 196 F. 2d 757, 759; In re McArthur's Estate, 292 P. 469, 471, 210 Cal. -In discussing the remarriage of the survivingwife, Corpus Juris Secundumhas taken the following position:

.However, the word 'widow'is frequekiy used to refer to the person of the surviving spouse, rather than to her marital state or condition, that is, the term does not indicatewhether she remains a widow or marries again; and thus it has been said that in the general sense of mankind, and even in a legal sense, although a widow remarries and becomes the wife of another she does not cease to be the widow of the deceasedhusband.

. . .' 94 C.J.S. 51, Widow, Sec. 27.Honorable Robert S. Calvert, Page 3 (WW-686)

It is our opinion that under the provisionsof SenateBill No. 53, the remarriage of this surviving spouse did not destroyher eligibility for the pension earned by her first husband. SUMMARY The subsequentmarriage of the surviving spouse of a Texas Ranger now deceasedwho was eligible for a pension did not depriveher of her eligibility to receive pension paymentsunder Senate Bill No. 53.

Yours very truly, WILL WILSON Attorney General of Texas

BY Assistant JCSrmg:rm APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Raymond V. Loftin, Jr. Joe Allen Osborn Riley Eugene Fletcher L. P. Lollar REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert