B-125297, OCT. 11, 1955

B-125297: Oct 11, 1955

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WILSON: REFERENCE IS MADE TO LETTER DATED JULY 26. THERE WERE ENCLOSED WITH MR. WHILE THE AFFIDAVITS ARE EVIDENCE IN SUPPORT OF YOUR MARRIAGE TO MR. THERE IS STILL A STRONG DOUBT THAT YOU COULD HAVE BEEN HIS WIFE AT ANY TIME AFTER BEING MARRIED TO ARTHUR H. FROM WHOM YOU WERE DIVORCED ON JANUARY 23. THE RECORD SHOWS THE MARRIAGE WAS NOT ANNULLED BUT THAT A DIVORCE WAS GRANTED TO MR. WILSON DIVORCED YOU CARRIES WITH IT AN INDICATION THAT YOU WERE HIS LEGAL WIFE WHICH MEANS THAT IN SOME MANNER ANY MARITAL CONNECTION YOU MAY HAVE HAD WITH MR. DAVIS MUST HAVE BEEN TERMINATED SO AS TO FREE YOU TO CONTRACT A MARRIAGE WITH MR. THERE IS ALSO BEFORE THIS OFFICE THE CLAIM OF MISS CAROLYN DAVIS WHO ASSETS THAT SHE IS MR.

B-125297, OCT. 11, 1955

TO MRS. SARAH S. WILSON:

REFERENCE IS MADE TO LETTER DATED JULY 26, 1955, WRITTEN IN YOUR BEHALF BY MR. JOSEPH PINCKNEY, REQUESTING RECONSIDERATION OF OFFICE SETTLEMENT DATED JUNE 15, 1955, WHICH DISALLOWED YOUR CLAIM AS WIDOW FOR UNPAID COMPENSATION DUE GEORGE C. DAVIS, DECREASED, FOR SERVICES RENDERED AS AN EMPLOYEE OF THE POST OFFICE DEPARTMENT AT CINCINNATI, OHIO. THERE WERE ENCLOSED WITH MR. PINCKNEY'S LETTER PHOTOSTATIC COPIES OF AFFIDAVITS OF CLARA BOOKER CONWAY, MAGGIE HEAROD TALIAFERRO AND JULIUS CONWAY, CERTIFYING TO THE MARRIAGE OF GEORGE DAVIS AND SADIE SMITH.

WHILE THE AFFIDAVITS ARE EVIDENCE IN SUPPORT OF YOUR MARRIAGE TO MR. DAVIS IN 1919, THERE IS STILL A STRONG DOUBT THAT YOU COULD HAVE BEEN HIS WIFE AT ANY TIME AFTER BEING MARRIED TO ARTHUR H. WILSON, FROM WHOM YOU WERE DIVORCED ON JANUARY 23, 1931, IN THE PROBATE COURT, COUNTY OF VANDENBURG, INDIANA. THE GRANTING OF A DIVORCE USUALLY MEANS THAT THE COURT HAD ASCERTAINED THAT VALID MARRIAGE EXISTED WHICH COULD BE SUBJECT TO DISSOLUTION UNDER THE DIVORCE LAWS OF THE STATE, DEPENDING ON THE FACTS. THE RECORD SHOWS THE MARRIAGE WAS NOT ANNULLED BUT THAT A DIVORCE WAS GRANTED TO MR. WILSON FOR THE REASON OF ABANDONMENT. THE FACT THAT MR. WILSON DIVORCED YOU CARRIES WITH IT AN INDICATION THAT YOU WERE HIS LEGAL WIFE WHICH MEANS THAT IN SOME MANNER ANY MARITAL CONNECTION YOU MAY HAVE HAD WITH MR. DAVIS MUST HAVE BEEN TERMINATED SO AS TO FREE YOU TO CONTRACT A MARRIAGE WITH MR. WILSON.

THERE IS ALSO BEFORE THIS OFFICE THE CLAIM OF MISS CAROLYN DAVIS WHO ASSETS THAT SHE IS MR. DAVIS' LEGAL DAUGHTER (HER MOTHER BEING ELLA MCALLISTER DAVIS) AND WHO HAS BEEN APPOINTED ADMINISTRATRIX OF MR. DAVIS' ESTATE BY THE PROBATE COURT OF HAMILTON COUNTY, OHIO.

ACCORDINGLY, IN VIEW OF THE UNRESOLVED CONTROVERSIAL FEATURES IN THE CASE, YOUR CLAIM MAY NOT BE ALLOWED IN THE ABSENCE OF A JUDICIAL DETERMINATION OF THE RIGHTS OF THE PARTIES CONCERNED BY A COURT OF COMPETENT JURISDICTION IN THE STATE (OHIO) IN WHICH THE DECEDENT WAS DOMICILED AT THE DATE OF HIS DEATH.