National Home v. Wood, 299 U.S. 211 (1936)

National Home for Disabled Volunteer Soldiers v. Wood

No. 70

Argued November 13, 16, 1936
Decided December 7, 1936
299 U.S. 211

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

1. The Act of June 25, 1910, providing for the disposition of the personal property of deceased members of the National Home for Disabled Volunteer Soldiers, embraces

all personal property owned . . . at the time of [the member’s] 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,

and applies to a balance of pension money remaining in the hands of the treasurer of the Home to the credit of a decedent. Pp. 215-216.

2. Under the Act of 1910, during the five-year reclamation period, a child of a decedent, though over 21 years of age at the time of the death, is entitled to such pension money, as against the board of managers of the Home. Pp. 212, 216.

3. By the Act of 1910 Congress intended to vest in the board of managers, for the post fund, the property of a deceased member only when such property otherwise would escheat to the State. P. 215.

4. To the extent that, in respect of the disposition of the pension money in the hands of the treasurer at the time of the member’s death, the Act of 1910 is inconsistent with the Act of July 1, 1902, the latter is superseded. P. 216.

81 F.2d 963 affirmed.

Certiorari to review a judgment which affirmed (except as to costs) a judgment in favor of the administrator of the estate of a deceased member of the National Home for Disabled Volunteer Soldiers in an action to recover pension money in the hands of the treasurer of the Home.