National Home For Disabled Volunteer Soldiers, Danville Ill v. Wood

• Decision Date: 07 December 1936
• Docket Number: No. 70,70
• Citation: 81 L.Ed. 130,299 U.S. 211,57 S.Ct. 137
• Parties: NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, DANVILLE, ILL., et al. v. WOOD
• Court: U.S. Supreme Court

299 U.S. 211

57 S.Ct. 137

81 L.Ed. 130

NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, DANVILLE, ILL., et al.

v WOOD.

No. 70.

Argued Nov. 13, 1936.

Decided Dec. 7, 1936.

Messrs. Homer S. Cummings, Atty. Gen., and James W.

Morris, Asst. Atty. Gen., for petitioners.

Mr. Ray M. Foreman, of Danville, Ill., for respondent.

Mr. Justice BUTLER delivered the opinion of the Court.

Decedent was an honorably discharged volunteer soldier of the Civil War. In 1904, he was allowed a pension. October 19, 1924, having made application and signed an agreement in accordance with the Act of June 25, 1910,¹ he was enrolled as a member and admitted to the Danville branch of the National Home for Disabled Volunteer Soldiers and continued to be an inmate until he died, September 16, 1926. During that period the United States paid his pension, in instalments of $72 per month, to the treasurer of the branch. He died intestate, leaving as his sole heir at law, a son over 21 years old. Respondent brought this action to recover $1,546.47 of his pension money remaining in the hands of the treasurer after deductions as to which no question has been raised. The District Court gave judgment for that amount with interest and costs. 9 F.Supp. 403. The Circuit Court of Appeals affirmed except as to costs.² 81 F.(2d) 963. That decision, being in conflict with one of the Circuit Court of Appeals for the First Circuit, Durack v. National Home for Disabled Volunteer Soldiers, 44 F.(2d) 516, this Court granted a writ of certiorari.

Petitioners raise a single question. They maintain that, since the decedent did not leave a widow, minor child or dependent mother or father, the accumulated pension fund became payable at his death to the post fund of the Danville branch. If the Act of July 1, 1902,³ governs, the balance belongs to the post fund. If, as held below, the act of 1910 and the agreement made in accordance with it control, the administrator is entitled to recover.

Section 2 of the Act of February 26, 1881, provides: 'All pensions payable * * * under this act, to pensioners who are inmates of the National Home for Disabled Volunteer Soldiers shall be paid to the treasurer * * * of said home * * * to be disbursed for the benefit of the pensioners. * * * Any balance of the pension which may remain at the date of the pensioner's discharge shall be paid over to him; and in case of his death at the home, the same shall be paid to the widow, or children or in default of either to his legal representatives.'⁴

Applicable to the pension money held by the branch were rules and regulations declaring: A pensioner, not classed as incompetent, may direct that all or any portion of his pension money be sent to his wife, minor child or dependent relative; the governor of a branch may prevent hurtful, wasteful, or extravagant use of the pension money by retaining a sufficient amount until the danger has passed; pension money standing to the credit of a member sick in hospital will be paid directly to him in such amounts only as are necessary for his personal use; in the case of members classed as incompetent, payment of pension money may be made as follows: (a) To the surgeon in such sums as may be necessary for the personal expenses of the member; (b) to a wife, minor child or dependent relative upon the authority of the president of the board of managers; (c) to pay taxes, etc., when necessary to protect the interests of the members.⁵

The Act of July 1, 1902, provides: 'Hereafter any balance of pension money due a member of the National Home * * * at the time of his death shall be paid to his widow, minor children or dependent mother or father in the order named, and should' none 'be discovered within one year from the time of the death * * * sayd balance shall be paid to the post fund of the Branch * * * of which the pensioner was a member at the time of his death * * * subject to future reclamation by the relatives hereinbefore designated, upon application filed * * * within five years after the pensioner's death.'⁶

Petitioners maintain, and for the purposes of this decision we assume without deciding, that the act of 1902 relates to pension money paid to the treasurer of a national home for the use and benefit of a member and held by him at the time of the member's death. But it contains nothing that relates to use or disposition of the fund while the pensioner is alive. It relates exclusively to disposition of the balance in the hands of the treasurer at the time of death. In that respect alone, it conflicts with and supersedes the corresponding provisions of the act of 1881.

The scope and effect of the Act of June 25, 1910, remains to be considered. It provides: 'Hereafter the application of any person for membership in the National Home * * * and the admission of the applicant thereunder shall be and constitute a valid and binding contract between such applicant and the Board of Managers of said home that on the death of said applicant while a member * * * leaving no heirs at law nor next of kin, all personal property owned by said applicant at the time of his death, including money or choses in action held by him and not disposed of by will, whether such property be the proceeds of pensions or otherwise derived, shall vest in and become the property of said Board * * * for the sole use and benefit of the post find of said home * * * and that all personal property of said applicant...