New-York tribune., 1880-10-08
PRICE FOUR CENTS.
media ely the present applicant is in this city
waiting tic decision.
have tho honortO be.
Vcrv Respectfully
Your obedisui servant,

his own ndud
State of facts in the case Of Sarah Eason The opinion
Of Atorney-Generai, IS respectfully requested "a
this case WI MACY.
N B.-slr Cooper is DESTROYS OF an early opinion
In this cas-. W. L. ".
The following arc the notes Of Secretary Marcy
i'm the case
deceascd: Mrs ElstOn was emitted % five ytafs' pen
slon, amounting o. mJFe than $1,000 beng the WIDOW
IT, En- !ish. took ont Ter OF adminstratiop ia lSf5 m
clark County, Indiana ana the sount dac vas psid TO
pointed adninls.rsfo Of saran Easion In Jeneison
County IN sls asa pow claims the amount duo 10 sirs
Ed toa on re I'll owing gfOunos:
IL appears taat the laws OF Indiana direct that letters
OF afwaisrs'ion be GRANTED & BY tse courts 81 sns
proof TO show ana for me purpose OF pses.n,ng ths
reside Ia Jefierson County at the time OF
Ler LEI, c cecsase aa1 not not 10 Csrk oonoty; from
administration. IL Is also alleged, and tor the prose
NJ raising fbe question of law, admitted, that EpsIsa
children o. M- e. who. by the pension law are en-
tt!"d 10 It, The pension law directs tHe payment Ia
assets. whch 20 the credora but ,or purposes Of
bomg pad to 're cbdrsn The rixarig claaat
J. p. COOPER, Attorney and Administration
December 13, l8fS.
THE ILIEGALIrY OF THE ACT.
The following is the statement of the which
Secretary Marcy AFTER his examination sent TO the
Attorney General with his approval, aud as paper
as given above:
WAR DEPARTMENT,
WASHINGTON CITY, ID. C., Dee Is, 1SfS
To ISAAC roUcEY, esq. Attorney General .. s.
sIk: The following que in tAs Depart
ment relative o. peIslon claim watch Co0nei
Edwards. Commissioner OF Pensions asks 10 BE- refereed
before he admits TIE claim upon the present application,
w.t. and th following facts are admited by the Com
missioner Of Pens ons aDd Secretary OF War, W.:
sarah East0p wIdow OF Pniip EIst0n decd, lived for
many years before her death In Jefferson County. In
entitled to a pension her hunband- service IN tho
Revolutionary War but died without applying for
In 1915 W. H. English took out letters Of aimnistra-
ton as appears rauduleBtly Clark County, Indiana.
on the the said 50 ral EastoD. and as suca ad
known the Children OF the deceased prosecuted her
pension claim for the use OF her children. as such adj
m nstrator and obtained the caim In money OF upward
$1,000 aud has not paid 1t over to the children en-
titled 10 it, for whose use ne received IL ands
he says nsoven and refuses 10 pay u 10 those
children entitled 10 It, These children have now applied
for the clam iu new applications under an adm.nstIs
the deceased resided ard died. and ask It's allow
ancc,
The now claimant alleges that the claim paid to En-
glish AS admulsra tor wholly upautbOriz,d by law
and is Illegal and VOID, and the Government IL bound
paw 1t TO the person legally appointed and Guy
authorized to It, Thr present claimant alleges
by tue laws OF Indiana which must govern IN this case
that letters OF administration granted to English IN
Clark County we're granted without authority and with
out jurisdiction Of the court having power 10 grams
IT, the letters OF administration must be grau,ed ID
the county where the decease may naye appened aDd
hence are absolutely yoid See indiana Revissa
Laws of 1s43. page SOB. section s2 The de-
ceased in tls case. 1t Is a1nltted ro,p,l - SUI
icently proven TO have died ~ Jefferson County,
int, aud BOT in Carr. where English administered,
aud the letters granted TO English by Clerk IN
OF not only yoldable but absolutely void II
there not proper jurisdlction as the proof ha:
Shawn hSt arsdction we're f void 40 ino and 10
acE under them BY the administrators !; |;
g5a'ns ,ha ,paore,t p'laIS cIa%ants IN THIS case.
and the Government should now pay tor these ehdren
"a NOT liable or pension money drawn by EugIish IL not
beng ass his hands as administrator aud not being
costs changes OF afministra ion dstr button. ETC.,
both expressly forbidden by tle ACTS OF ~ : sss.
J. p. COOPER, Attorney for Claimants
TIE ATTORNEY. GENERALS OPINION.
After consideration the Attorney-General gavs
the following opinion which may be found at length
in opinlous OF the Attorney General, VOL 3, page
g. and in referring to it, the fact should be remem-
bered that there are duplicate pages, numbered 02,
in this volume Bat they are near together, and
the case can be readily found:
ATroRNEY-GENERAL's OFFICE
January ID, 1s49.
SIR: In the case of the children of sareh Easton do
ceased who emitted t0 pension a. the widow OF
RevOu onary off. question arises ~ tanne Wncn'
THINK dspoSes of ihe suQJec Tar az tue Executive
Departments have any power to act upon H. IN ,b.
year ls45 rook out letters OF adnln,tiHil2n on nst
estate N Glars C9nnty IN me STATE ot n, nnnnt t,.
ncr exceeding the sun OF S2,OOo was lEeteupOn paw
over to hm a. her administrators d,s IN s
year 1913 Mr. j. F. Cooper t9nk out iet.S 81 a i ,fa
traIi0n her estate III Jefferson Noup,!' in . .Lo
STATE end end now 1amS har ,rde pa'meTi nemintrator
The question presented the validity OF the nss
leteis of administration The present question vas 20
f tSc Secretary OF War in 1915. then decided
bv him. and the money APPROPRIATED Dy CONGRESS lo' no
H. ON rom, th. treasury aud dsbursed tbs object
The mower was conferred him by CcnSr IS to CON
made i ~ me porformance OF his Official duty. has been
executed by OF the money ~ rs suihciens
answer to This application that no money can he diaSn
from The Treasury but in pursuance OF APPROXIMATION
made by Congress, and there is now no
rIraoS Stryt
men of tins claim The appropriation IL exhausted aud
requires the renewed action oi Congress- ,,o.-,..-
10 WILLIAM l.. MARCY. Secretary Of Var.
ADDING FALsEBooD TO FRAUD.
In the progress of the case English denied that he
had withheld the shares due the heirs, ana claimed
to have paid them but the evidence was over
whelminc that lie had added falsehood TO hts crime
la fact, one of the heirs IN this case, an own
cousn of English, has written twice wlthln q lew
weeks to inquire about the matter. saving that
English has not yet paid the money. These letters
are as follows:
MARSHALL, Ill, Aug. 81, 1880.
10 DEAR ,pa SIX: am one OF the heirs of Philip Easton
who was "A soldier tue Revolutionary War and am
Informed that william H. English who IS also an heis
OF SAID Eision the whole amount due tbe her OF
Eason abodt tue years ls4V ana siI mpd sun 70 70
taiuB The due said hers Now you wlll please IN
fora me the date he received said noaey ana mo
10 me at Marshall Clark County, III, IN care oi ). Il
Allison. ,, M, .
name the soldier IN the kck'lutlOnary war
paillp Elson. do not know The compauy or regmens
m which he enlisted But am informed that william
n English, who is n full cousin ot mne. Drew the
money aud st holds aud want to nd out the time
he received It and the amount lac received. krspset
fully, ~ HARRIET n ALLsoN
MARSHALL H.. sept. %. $780,
ToJ A. BENTLY Commissioner Of Pensions.
DEAR SIR In reply 10 yours OF the 2otn inst incoseo.
I have To Inform you that there was claim ned by
William H. English administrator OF the estate ot
Phihp Eason for pension money. OF the heirs OF said
EnsIon for services In the Revolutionary War; and no
drew the money and my father, Charles Easton VINO
was an uncle Of said Engsh, son OF Philip Etsion.
and WAS entitled to portion Of said money, ana never
reviewed IT, aud he s deceased ana am one OF the
legal heirs aud want to ind Ont how much money sad
English received as administrator OF said estate he
drew the money about 1910 lS45. Please oxalninc
and let me know In regard the matter tue date ana
'"o " HARRIET ALLISON.
4 Il a