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Index to Special Examiner's Report
Hattie L. Fay
Law Division Letter: Exhibit A
August 2, 1904.
Chief of the
S. E. Division.
Herewith are forwarded the papers in contesting claims of
Amanda C. Fay, widow, N. 642,271, and
Hattie L. Fay, widow, No. 809,924,
both of said claims being based upon the service and death of Daniel M. Fay, Inv.Ctf.No. 768,810, late of Co.M, 1" Iowa Cav., for investigation under the provisions of Order 33, Section 8.
It is requested that all the papers may be transmitted to a special examiner whose district may include Roseville, Warren Co., Ill., the stated residence of Hattie L. Fay, and Dexter, Mower Co., Minn., the stated residence of Amanda C. Fay, for investigation as to title for a widow's pension of either of said contesting applicants.
It will be noted in the examination of the papers that at the present date there are not two persons claiming widow's pension on the same soldier, but that Amanda's claim filed in 1896 set up the allegation of the lawful marriage of the soldier to such applicatnt in 1848, and that neither had received a divorce from the other.
Hattie L. Fay alleges the date of her marriage to the soldier Sept. 15, 1870, and that both she and the soldier had been previously married.
It is suggested that the initial inquiry should be at Roseville, Ill., and all facts as to prior marriage of both parties be ascertained, and also such facts be obtained as will help to trace the whereabouts of the soldier from immediately prior to his marriage to Hattie, back to such a date as will take him within the personal knowledge of Amanda C. Fay.
The examination should determine with certainty which, if either, of the contestants is the lawful widow of soldier, and if during the investigation either or both of said claims are found to be false and fraudulent, the best obtainable evidence should be secured showing such fact, and in addition, the examiner should obtain the testimony of the officer before whom any fraudulent paper or papers were executed, if any there be, for the purpose of showing identity of the person or persons who executed the same.
This letter should appear as an exhibit in the examiner's report.
Very respectfully,
S. A. Cuddy,
Chief, Law Division.