One last and final try for George Barclay’s Civil War Pension – 1939

Money for Amarilla must have been tight, she was having trouble paying her taxes on her land. Based on gossip from the local paper both her and George Urton did not seem to be in good health. Amarilla apparently suffered a slight heart attack in 1936 and in the same article George was not doing to well either.  In 1937 Amarilla got into trouble with some wood.

Meets with Unfortunate Accident New Years:  Mrs. George Urton had the misfortune of having a pile of wood fall on her on New Years Day. While in the basement gathering wood before building a fire, a stack of wood which had been piled to the ceiling fell on her, seriously cutting the back of her head and blacking her eye. A physician was called immediately to dress her wounds. She is recovering nicely.  Pine River Journal January 7, 1937.

Gordon MacDonald, grandson of Mrs. Urton, arrived Saturday from St. Paul, to be with Msr. Urton who suffered a stroke last week and is still quite ill. He returned to St. Paul, Monday. Mrs. Urton is being cared for by Mrs. Frank Shepard.  Pine River Journal 21, April, 1939.

She tried again for George Barclay’s Civil War pension and this time her grandson Gordon McDonald tried to help her. I actually think her friends rallied and made the attempt to get this pension for her.

Remarried Pension form for Civil War 1939 a portion

Remarried Pension form for Civil War 1939 a portion

She had to fill out a Declaration for Remarried Widow’s Pension form again. The form was completed on 17 April, 1939.  She was required to restate information about her marriage in 1878 to George Barclay, and write about her marriage to Jefferson S. Dawes in 1902 and their divorce in 1909.  Lastly, she had to revisited her marriage to George Urton in 1919 and who died March 13, 1939 in Pine River. The form was signed by Ammarilla Urton and witnesses were Mrs. Frank Sheppard of Pine River and R.G. McDonald (Gordon) 1809 Marshall Ave. St. Paul, Min.  She must have been very sick because she signed with an X.

A letter on State of Minnesota Adjutant General’s Office letterhead for St. Paul dated April 19, 1939 was sent to E. L. Bailey the Director, Dependant’s Claims Service, Veterans Administration, Washington D.C.

Dear Sir: Herewith enclosed “Power of Attorney” given this office by Ammarilla Urton, Pine River, Minnesota, claimant in the above entitled claim fro Civil War widow’s pension.

Mrs. Urton is eighty years of age and very sick and if her claim can be expedited in any way it will help her to take care of expenses. Also enclosed the following additional evidence 1) application for Remarried Civil War widow’s pension, 2) Coroner’s Inquest in the death of George Barclay 3) certified copy of public record of the marriage of Ammarilla Urton to the veteran, George A. Barclay July 27, 1878. Very truly yours E.A. Walsh, The Adjutant General. 

They did not waste any time and Amarilla’s claim was denied the reason given:  “forfeiture under act of August 7. 1882.”

I spent some time trying to find a copy of this Legal act that they refer to and here it is.

7 August 1882 c. 438 22 Stat. 345

CHAP. 438.- An act to amend section forty-seven hundred and two, title fifty-seven, Revised Statutes of the United States, and for other purposes.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section forty-seven hundred and two, title fifty-seven, of the Revised Statutes of the United States is hereby amended so as to read as follows:

“Sec. 4702. If any person embraced within the provisions of sections forty-six hundred and ninety-two and forty-six hundred and ninety-three has died since the fourth day of March, eighteen hundred and sixty-one, or hereafter dies, by reason of any wound, injury, or disease which under the conditions and limitations of such sections would have entitled him to an invalid pension had he been disabled, his widow or if there be no widow, or in case of her death without payment to her of any part of the pension hereinafter mentioned, his child or children under sixteen years of age, shall be entitled to receive the same pension as the husband or father would have been entitled to had he been totally disabled, to commence from the death of the husband or father, to continue to the widow during her widowhood, and to his child or children until they severally attain the age of sixteen years, and no longer; and if the widow remarry, the child or children shall be entitled from the date of remarriage, except when such widow has continued to draw the pension-money after her remarriage, in contravention of law, and such child or children have resided with and been supported by her, their pension will commence at the date to which the widow was last paid.”

SEC. 2. That marriages, except such as are mentioned in section forty-seven hundred and five of the Revised Statutes shall be proven in pension cases to be legal marriages according to the law of the place where the parties resided at the time of marriage or at the time when the right to pension accrued; and the open and notorious adulterous cohabitation of a widow who is a pensioner shall operate to terminate her pension from the commencement of such cohabitation.

APPROVED, August 7, 1882.

It is the Sec. 2 part that was the reason they denied Amarilla the pension.  The Claims Service signed the denial on May 5, 1939. Mrs. Bertha Robideau and Mrs. Alice Leef gave their affidavits but apparently that didn’t help. Amarilla was told she could repeal the decision after a year.

George A. Barclay’s Civil War pension would not be awarded ever; however, the file would become very thick and has provided a great deal of information about George and Amarilla my great grandparents so I am happy. I am sad for her however.

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