Ethel Mae Batchelor

• Decision Date: 25 April 1960
• Docket Number: B-141595
• Parties: MRS. ETHEL MAE BATCHELOR
• Court: Comptroller General of the United States

MRS. ETHEL MAE BATCHELOR

No. B-141595

Comptroller General of the United States

April 25, 1960

Reference is made to your letter dated February 3, 1960, transmitting certain affidavits in support of your claim for the six months' death gratuity and unpaid pay and allowances due in the case of the late clarence andrew batchelor as of July 24, 1959, the date of the receipt of evidence of his death while serving as an enlisted man, united states navy.

With your letter there were enclosed separate affidavits executed by the veterans' former employer and the manager of an apartment house to the effect that in 1953, while residing in reeves county, Texas, the deceased veteran introduced you as his wife and that you and he held yourselves out to be husband and wife until the spring of 1954, when you moved to kingsville, Texas. There was also submitted an affidavit by an official of a bank in kingsville to the effect that during the period in 1955 when you and the veteran had business relations with the bank you held yourselves out as husband and wife.

Common-law marriages are valid in the state of Texas. See berger v Kirby, 105 Texas 611, 153 s.W. 1130; defferari v. Terry, 68 S.W.2d 253; and consolidated underwriters v. Kelly, 15 S.W.2d 229. The relationship between you and the deceased veteran in the state of Texas within the holdings in the cited cases. We now proceed to the consideration of your rights as the common-law wife of the deceased.

The record shows that under date of March 31, 1959, at the naval air station, quonset point, Rhode Island, the late clarence A. Batchelor designated his father, andrew batchelor, 2011/2 south 3rd street, terre haute, Indiana, to receive the six months' death gratuity in the event the veteran was not...