The National tribune., 1906-11-29
PENSION DECISIONS.
Division of Pension-MarriaEe-Es
- - pei-Acf of March 3, lS90.

Division of Pension-MarriaEe-Es
pei-Acf of March 3. 1892
\ PenSioner, for the purpose of defeat
ing claimants application for one-half
his pension under the act of March 3,
1899, based in part upon her necessi-
tous circumstances. is estopped TO
deny the validity of his admitted mar
riage to her, followed by over So years
cofabitatfon. terminated by his cruel
y and dcsertion she being the wronged
and innocent party. u, 9-19-06. =,
Division of Pension-Act- of March ,,
z1Sg8 - set-oT - iseimbursement-Re-
ment-Practice-Notic
Claimant was Illegally allowed and
paid S1D2 of pensioners pension money
under a declaration filed May II, 1899,
which was void on its face. and PEN
sioaer was enormously paid S51 after
claimant had fled valid declaration
Dec 13, 1900, to which sum she was
shown to be legally entitled. 1t is held
that
/. The law of set-off is applicable to
division of pensions under the act of
March 3, 1899, for the purpose of ad-
iusting the payments to the claimant
or pensoner.
2. The Bureau of Pensions. in reim-
bursting a pensioner, the am moEnt of
pension Illegally withheld from him and
paid to the claimant, properly withheld
for the benefit of the claimant the s51
to which she was adjudged entitled un-
der her second declaration.
g. Where the question of reimburse
ment involves the refundment 70 pen
sioner or his representative of pension
money paid claimant under valid dee
laration, she should be made a party
to the proceedings and served with a
I IrI Ia
II, Rules of Practice. s. 9-19-'O6.
cree-Ohio-yyashinSt
Applicant was deprived of pension as
the widow of q soldier by reason of her
| remarriagc to one w. She and w.
were domicled in Ohio. In 1904 W.,
who had removed to the State of Wash
ington. obtained a divorce on conStruc-
tive notice to appellant. who still re-
sided in the State of the matrimonial
domicil. Appellant, in 1905, altho cog
infant of the Washington decree. APP
piled for and obtained, upon W.'s de-
| fault a decree of divorce in an Ohio
court The exraterrtorial effect of the
Washington decree was not in issue,
and knowledge that there had been
such a decree was not brought to the
attention of the Ohio court. No prop
| erty rights were involved, the rest of
| the Ohio proceeding being exclusively
the marital status of the appellant
and W.
| Held: That the Ohio decree is not a
determination of appellants marital
| status.
| The validity of the eXtraterritOrial
effect of a foreign decree of divorce,
attacked upon grounds other than fraud,
| to affect pensionable status. must be
| determined in a proceeding in court
! having jurisdiction over the marital
| status of a claimant, and in proceed
ing in which the question of the extra
| territorial enforcement of such a de-
cress is involved. 3. ?-19-'O6.
Mnrriage-Virginia-W VirEinin-Ev-
| Observation-Disclosures OF August
2, Observation-Disclosures - I'm
pediment-COmmOn Law.
Marriage is provable in Virginia by
cohabitation and reputation, from
which not only the fact, but the validity
of marriage, is presumed, and such pre-
sumption is overcome only by cogent
and satisfactory evidence.
Quaere: Were comnon-law marriages
valid in Virginia prior to July l, 1850
when the present code went into effect
| Under the act of August Z. 1882
widowhood is determinable by the leS
| domicilli at the time of the soldiers
| death.
| In West Virginia remarriage while
former husband or wife is living un-
1 divorced is, If contracted prior to April
1. 1869, absolutely void without any
decree of court, but If contracted sub
4 seauent to that date is void only from
the date of decree so declaring it. ~
| 9-19-'06.
Aid and observation-disclosures Grade
Rate-Act of July IA, 1S92-Permnnen'
DIsability-COnstructiO
i The fundamental idea or basis of in
! valid pensions, whether specifically
| stated in the various statutes or not, is
permanency of disability or continuance
and reasonable or apparent permanency
thereof, and not merely q temporary
/ disabling condition.
The act Of July II. 1892. establishing