The National tribune., 1907-09-12
PENSION DECISIONS.
Dependent Widows-Act of June 27,
1s9O-Act of Nny 0. 130O-Administra-
tfOn - Distribution - Minor Children.
(sunrdia ship.-IOMa LaWR.

Dependent widows-Act of June q
| 1S9O-Act of yfay 0, 130O-Administra
| tiOn Distribution - Minor Children
Guardia anship-IOwa Laws.
In Iowa one-third in value of all rea
property possessed by the husband a
any time during the marriage, which
has not been sold on execution or othel
judicial sale, or as TO which the wife
/ had made no REIMBURSEMENT of he,
| right, is set apart as her property II
fee simple if she survives him. The
remaining estate of which the leceden
dies seized descends in equal shares t.
his children.
the persons of their minor children and
equally entitled to their care and Gus
tody. (Sec. 1922 The surviving par
ent becomes such guardian, but if there
! is none the court shall appoint one
who shall have the same power and
control over his ward as the parents
| (Sec. 3193.)
| In the absence of other guardian
the natural guardian is entitled to man.
| age such of the minors property as is
derived from the deceased parent. The
law recognizes the right of the parents
to the custody and control of theil
minor children and the management
of property derived from either parent
without appointment from the court.
Where the legal title to property is
| in the minor children the parents are
liable to said minors for the rents and
profits from the property.
In computing a widows income un-
der the act of June 81, 1890, as amend
ed by the act of May 9, 1900, the money
coming into her hands as natural
guardian of minor children cannot be
regarded as part of her income, as such
funds are in the nature of trust funds,
for which she is liable to account to
the minors. Sc. 5-11-07.
Marriage Massachusetts Remar-
riaSe-After Removal of impeachment.
Act of June %, 1SgO-Act of May .,
1900.
The Massachusetts statute enacted
May %, 1895, providing that when a
marriage relation was commenced in
good faith, altho void by reason of an
inpediment, and the parties continue
of one at least. as husband and wife,
after its removal, then and there a valid
marriage springs into existence, is linn
tied. in its application to pension cases.
to those cases where the removal of
the impediment and subsequent con-
tinued cohabitation occurred after the
passage of the act of 1895.
Consequently said statute cannot af-
feet the status of applicants for a wild
ows pension under the acts of May 9,
1900, or June p, 1890, as penSionable
widowhood in claims under those acts
must be pred:cated upon a marriage
contracted prior to the aforementioned
date. 61. 5-15-'07.
Servfee-Aet Of June %, lS9O-F'irst In
dependent Company, United States
VoInnteery-Seryicef in War Of the Re-
belIfOn.
The First Independent Company,
United States Volunteers, was formed
in the district of Minnesota, Depart
ment of the Northwest. in March or
April. 1865, of unattached men in the
1st Conn. Cav. and of men transferred
from Co. G of said 1st Conn. Cav. The
said Connecticut regiment was organ
iZed in the East prior to April 1, 1864,
by enlistment for general purposes, and
not for special service unrelated to the
suppression of the war of the rebel
lion. Such members as had 80 days
service or more are adiudged to have
served during the war of rebellion
within the meaning of the act of June
81, 1890, and cognate legislation. 6S.
6-11-'07.
Service-DfscharEe-J Resolution of
July 1, I9O2-Jofnf Resolution of
June ., 19O6-Fai:hful Service.
Bounty.
The excess of bounty defined in the
joint resolution of June 2S, 1906, as
fatal to the remedial operation of said
resolution is that bounty, other than
from the United States, actually receiv-
ed on account of that subsequent
service, the length and character of
which is invoked to cure the defects in
"al previous contracts of service" sun-
der the terms of the resolution.
The fact that excess of bounty was
received by reason of a still later SER
vice is fmmaterial, and does not defeat
the remedy. 50. 6-20-'07
Marriage Void Marriage - EstoppeI.
ACKNOWLEDGEMENTS
Where the wife of a soldier, during
the latter's lifetime, separates from
him and remarries under the mistaken
idea that certain facts gave her capaci-
ty thus to act, her relations with the
second de facto spouse terminating be-
fore the death of the soldier, she is not
eStopped to assert her status as widow
of the latter in proceeding to secure
pension unless the Government. has act
| ed to its prejudice by reason OF her
conduct or will be prejudiced by the
reputation of her acts and the reason
able inference arising from them. 10.
6-20-'07.
Marriage - Kentucky Remarriage.
Evihence-Presumptio of Capacity.
Every presumption fayorS the valid
ity of a remarriage regularly contract
ed in Kentucky. The dissolution of a
former marriage by divorce will be pre-
sumed. This presumption is not con-
elusive, but the proof that a divorce in
fact was not secured by either party
must be clear and complete. the un-
supported denial thereof being insuffi-
cient IN rebuttal. II. 6-2A-'07
Attorneys-Fee-Mate Servlec-Ap-
peai-EstOppeI.
Where an attorney was duly appoint
ed such by a claimant, and rendered
| material service in the allowed claim
and was duly recognized, and received
a fee, of which the claimant had due
| notice, such claimant is estopDed from
| denying many years afterwards the at
torney's title to such fee. ~. 6-2S-O7