National Republican., 1880-10-08

July, 1913 was paid to William II. English, who
was at that time a clork In the second auditors
office.
As English was Illegally appointed Ndmnistra-
| tor, and now refuses TO pay over the money Mr..
Cooper reports that the amount due may be paid to
| the administrator who was lawfully appointed un-
| der the laws of indiana.
incose the papers in the case and Mr.. Cooper's
have tho honor to be, very respectfully your
obedient servant, j. J.. EDWARDS.
| Commissioner OF Pensions.
THE CASE PRESENTED TO SEC RETARY MARCY
Tho paper which tho commissioner of pen
sions inclosed contained tho following Joint
statement Of himself aud the attorney for the
heirs, then u member of the indiana legis-
lature:
wAsrrNGroN CITY, d. c., Dec. IL, 1913.
Hon. W. l.. Marcy, Secretary Of Var!
| SIR: At the request Of Colonel Edwards, com
missioner of pensions, wo jointly submit the
following statement Of fucs for your consideration
and decision. viz:
Sarah Easton, widow OF Philip Easton, was ell
ited TO pension for revolutionary services OF her
husband. She died Without applying for i on tho
23d July, 1913, IN Jefferson county, Ind. w. H.
English who for the fraudulent purposes ofpro-
curing the pension money, as Is now evident
Illegally procured letters Of administration In lSi5
IN Clark county, Ind, without the knowledge or
consent of any person interested, mud prosecuted
the claim and obtained the pension money as od-
minsrator for the use of tho heirs named, and has
not paid II over and refuses to do so aud Is wholly
tusolvont. MS he says, and tho security is INSULT
cicnt and not liable for the amount.
On tho 26ih OF November, 1915 letters OF admins
tratiOn have been legally granted 10 another per
son by the probate court of Jefferson county Ind.
which latter administrator for tho use Of the
chlldron now applies for tho pension claim TO be
allowed upon new application of his own In
proper form
claim that the administration granted to English
IN Clark county, Ind, was illegal, fraudulent and
yoid, as The probate court of Clark county had no
lursdiction or authority togranttho administration
to English, as the widow died In Jefferson county,
Ind. See revised laws Of Indiana on that subject
SuCOnd-That the claim having been allowed
aud pnid TO person wholly unauthorized by amy
lazy or other legal aud competent authority to re-
coive It, the government Is bound TO pay 1t 10 the
person shown TO have legal authority 10 receive II.
Aud the children In this case ought not TO bo
driven 10 suit TO recover their money, even If
English and his security were solvent.
The decision OF the honorable secretary Of war
Is requested In this case Justify the commissioner
III granting the claim now presented.
1t Is Justly due to Colonel Edwards to say that
the claim was passed upon and allowed by Mr..
Grnmp, chief clerk in the pension Office to Bng;
, lish, without sufficiently scrutinzlng tho illegal
authority OF English to receive 1t, and that Mr..
Edwards would not have allowed It to English If
1t had fallen within his notice.
VIII the honorable secretary Of war have tho
goodness to decide this question Immediately, as
the present applicant is now In this city waiting
the decision; have the honor to be, very respect
FULLY, your obedient servant J. p. COOPER.
Secretary Marcy, after examining all the pa.
pers, took from Cooper further statement,
which he approved, rs its form shows, aud
sent it to Attorney. General Toucey with the
I following notes in his own handwriting
which bore this Endorsement, also in his own
hand:
State Of facts tho case Of Sarah Easlon. The
opinion OF the attorney.genernl is RESPECTFULLY re-
quostod In this case. w. i. MARCY.
DECEMBER Il, 1878.
M B.-Mr Cooper is very desrous Of an early
opinion IN this case. W. L. NJ.
THE sEcRErARYs NOTES.
The following are the notes of Secretary
Marcy In the case
Facts in the case ofthe children OF Sarah Easton
deceased Mrs. Easton was entitled TO five years
pension, amounting 10 more than two thou
sand dollars being the widow OF deceased
= revolutionary officer. Her grandson W. II
English. took out letters of administration in lsU
in Clark county Ind and theamount due was paiC
4 TO him as such administrator. Mr. Cooper wa
also appointed administrator of Sarah Euston IL
Jefferson, county in 1913, and now claims tn,
+ amount due to Mrs, L. on the following grounds
1t appears that tho laws of Indiana direct tina
letters Of administration bo granted by the courts
s of the county where deceased died. Mr.. Coope
ndduccs proof 10 show, and for the purpose of pre-
senting tho points of law the fact is admitted tina
Mrs. Easton did reside In jefferson county at thI
time Of her decease, aud not in Clark county, from
the court OF which English obtained his letters o
II is also alleged and for the purpose of raislns
the question oflnw, admitted, that English has no
paid the money he received Us administrator tC
the children OF Mrs. L., who by the pension law
are entitled to 1t.
| Ino pension law directs tho payment In such
cases to the executor or administrator, but not rs
assets, which go to the creditors, but for purpose,
of being paid to the children, the rightful claim
) ants WI MARCY,
f Secretary of War.
j. p. COOPER,
Attorney and Administrator.
, DECEMBER lS. 1siS.
"a "a REFERRED TO THE ATTORNEY ENERAL.
Tho following Is the statement of the case
, which Secretary Marcy after his examination
sent to the attorney-gencral with his approval
, and as II paper for reference in connection
with the outline of facts, ns given above;
a WAN DEPARTMENT,
WASHINGTON CITY ID. G., Dec. l9, 18i8
Isaac Toucey esq, Attorney General United States:
SIR: The following question has arisen in thii
I, department relative to pension claim, which
l Colonel Edwards, commissioner of pensions nsk:
TO DO referred before he admits the claim upon thC
present application to wit: And tho following
facts are admitted by the commissioner of pen.
, slons and secretary of war, viz:
Sarah EastOn, widow of Philip Elston, deceased
lived for many years before her death In Jefferson
county, Ind., and died in that county on the
2Sd July, lsis entitled to pension for her hus.
bands service in the revolutionary war, but died
without applying for It.
In 1915 W. II, English took out letters of admins
: tration as appears lruudulenly, In Clark county
Ind on the estate Of the said sarah Easton, ana rs
such administrator gave bond In $500, and after
: prosecuted her pension claim for the use of her
/ children, as such administrator and obtained the
: claim. in money Of upward Of $1,000, and has not
"
Q whose Use he received IT, aud Is now, as he says
. iuSovcnt, and refuses o pay 1t to these children
. entitled toit These children have now applied
for the claim IN new application, under an al-
minlstrstlon legally granted, IN Jefferson county,
Ind. where the deceased resided aud died, and
ask its allowance,
The now claimant alleges that the claim paid to
: English, rs administrator, was wholly un0ulhor
ized by law, and Is Illegal and void, ana tho gov
. ernmont is bound to now pay II to the person le-
! gully appointed aud duly authorized 10 receive It,
: Tho present claimant alleges by the laws Of In
diana, which must govern IN this case, that the let
ters OF administration granted to English In Clar;
! county were granted without authority and with
ont the jurisdiction of The court having power to
grant IT, rs the letters Of administration must be
granted In the county where tho decease may have
happened, ana hence are absolutely void lSce In
diana revised laws of 1873 page l03 section 02.
The dcCeGsedin this case It Is admitted, Is sufl.
oiently proven and clear, died In Jefferson county
Ind, and not In Clark, whore English admins.
tered and that the letters granted to English by q
clerk In u different county than where the death
occurred by the laws Of Indiana are not only
4 yoidable, but absolutely void. II there was not
. proper jurisdiction as the proof has shown salts
ctorly, the letters thus granted without that urls
diCtlon were void 90 llRio, and no act under them
i by the administrator is binding to prejudice the
interest of the innocent claimants In this
case and the government should now
pay II or these children lose their rights
us the security of English in this case
Is not liable for pension money drawn by English,