Holland v. State Ex Rel. Carroll

• Decision Date: 28 February 1941
• Citation: 146 Fla. 308,200 So. 695
• Court: Florida Supreme Court
• Parties: HOLLAND et al. v. STATE ex rel. CARROLL et al.

200 So. 695

146 Fla. 308

HOLLAND et al. v. STATE ex rel. CARROLL et al.

Florida Supreme Court, Division A.

February 28, 1941

Error to Circuit Court, Leon County; W. May Walker, Judge.

Proceeding by the State of Florida, on the relation of Mrs. Sarah Ann Carroll, joined by her husband, D. L. Carroll, against Spessard L. Holland (successor to Fred P. Cone), as Governor of the State of Florida, and others, as and constituting the State Board of Pensions of the State of Florida. From a judgment for relators, respondents bring error.

Judgment affirmed.

COUNSEL J. Tom Watson, Atty. General, and Donald K Carroll, Assistant Atty. Gen., for plaintiffs in error.

Thomas J. Ellis, of Tallahassee, and Baker & Ulmer, of Clearwater for defendants in error.

OPINION

BUFORD Justice.

In this case the controlling question presented is whether or not under the provisions of Chapter 18047, Acts of 1937, Section 1 of which provides: 'That the widow of any person entitled to pension under the law of this State by reason of service in or for the Confederate States during the war between the States shall not be debarred from pension on account of remarriage.', a woman who was the widow of a man who at the time of his death was entitled to receive a penson under the laws of Florida by reason of service in or for the Confederate States during the war between the States may after remarriage and while occupying the position of a married woman apply for and be entitled to receive a pension.

From the language of the act it appears that it was the legislative intent to grant pensions under such conditions. This is true because Section 1445, R.G.S., section 2099 C.G.L., provides, inter alia: 'Provided that such subsequent marriage shall not prevent any widow over the age of forty years of a deceased soldier from drawing a pension under the provisions of this law, if said marriage has been dissolved by death or decree in chancery shall be entitled to receive the sum of four hundred eighty dollars per annum, in payments monthly of forth dollars each.' The effect of Chapter 18047, supra, was to eliminate this part of Section 1445, R.G.S., section 2099, C.G.L., and to make those widows who were at the death of their husband entitled to pensions eligible for pension regardless of remarriage.

In 68 C.J. 263 we find: 'It has been said that in the general sense of mankind and even in a legal sense, although a widow remarries she does not cease to be the widow of the deceased husband.'

The cases of Mathews v. Marsden, 71 Mont. 502, 230 P 775...