B-152506, SEP 17, 1971

B-152506, SEP 17, 1971

MEMBER'S WIDOW - ANNUITY PAYMENTS - SECOND MARRIAGE ANNULED DECISION THAT A VOUCHER FOR $672.16 REPRESENTING AN ANNUITY UNDER THE RETIRED SERVICEMEN'S FAMILY PROTECTION PLAN, 10 U.S.C. 1431 - 1436 MAY BE CERTIFIED FOR PAYMENT TO MRS. KATIE L. WILLIAMS AS UNREMARRIED WIDOW OF SENIOR MASTER SERGEANT ROBERT M. WILLIAMS, RETIRED, DECEASED. THE SECOND MARRIAGE, HAVING BEEN OBTAINED BY FRAUD, WAS VOIDABLE. HOWEVER, THE CHANCERY COURT, COVINGTON, MISSISSIPPI, DECLARED THE MARRIAGE VOID FROM ITS INCEPTION AND RESTORED CLAIMANT TO THE STATUS OF UNREMARRIED WIDOW OF ROBERT L. WILLIAMS. THEREFORE, THE VOUCHER MAY BE PAID, REPRESENTING RENEWED ANNUITY PAYMENTS COMMENCING THE MONTH THE PARTIES HAD SEPARATED AS SHOWN IN THE COURT ORDER.

TO MR. N. R. BRENINGSTALL:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 16, 1971, REQUESTING AN ADVANCE DECISION ON THE PROPRIETY OF PAYMENT OF A VOUCHER FOR $672.16, REPRESENTING ANNUITY UNDER THE RETIRED SERVICEMEN'S FAMILY PROTECTION PLAN, 10 U.S.C. 1431 - 1446, FOR THE PERIOD FROM DECEMBER 1, 1970, THROUGH JULY 31, 1971, IN FAVOR OF MRS. KATIE L. WILLIAMS, AS UNREMARRIED WIDOW OF SENIOR MASTER SERGEANT ROBERT M. WILLIAMS, SSAN XXX-XX-XXXX, RETIRED, DECEASED.

YOU SAY THAT SERGEANT WILLIAMS DIED DECEMBER 16, 1969, AND THAT A MONTHLY ANNUITY OF $84.02 WAS PAID TO MRS. WILLIAMS FROM DECEMBER 1, 1969, THROUGH AUGUST 31, 1970. YOU FORWARDED A COPY OF CERTIFICATE OF MARRIAGE SHOWING THAT MRS. WILLIAMS MARRIED BELA L. MURPHY ON SEPTEMBER 14, 1970, IN COVINGTON COUNTY, MISSISSIPPI. YOU ALSO FORWARDED A COPY OF FINAL DECREE OF ANNULMENT OF MARRIAGE DATED FEBRUARY 23, 1971, WHEREIN THE CHANCERY COURT OF COVINGTON COUNTY, MISSISSIPPI, UPON ALLEGATION AND PROOF OF FRAUD DECLARED THE MARRIAGE TO BE COMPLETELY NULL AND VOID AND ANNULLED THE MARRIAGE TO THE SAME EXTENT AS IF IT HAD NEVER OCCURRED. THE COURT ORDER SHOWS THAT THE PARTIES SEPARATED ON OR ABOUT DECEMBER 31, 1970. THERE IS NO INDICATION THAT ANNUITY PAYMENTS WERE ESTABLISHED ON BEHALF OF ANY OTHER PERSON SUBSEQUENT TO THE "REMARRIAGE."

UNDER THE LAWS OF THE STATE OF MISSISSIPPI, WHERE THE ALLEGED MARRIAGE WAS SOLEMNIZED AND DECLARED A NULLITY, ONE CAUSE FOR THE ANNULMENT OF A MARRIAGE IS THAT THE MARRIAGE WAS OBTAINED BY FORCE OR FRAUD. WHILE THE "REMARRIAGE" WAS VOIDABLE ONLY, NOT ABSOLUTELY AND INTRINSICALLY VOID, THE COURT DECLARED THE MARRIAGE VOID FROM ITS INCEPTION AND RESTORED MRS. WILLIAMS TO THE STATUS OF UNREMARRIED WIDOW OF ROBERT M. WILLIAMS. SINCE THE PARTIES SEPARATED DURING THE MONTH OF DECEMBER 1970, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE PAID, IF OTHERWISE CORRECT. 44 COMP. GEN. 269 (1964).