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B-176840 1 (1973-04-18)

handle is hein.gao/gaobaadwc0001 and id is 1 raw text is: CA t-- IV COMFTHOLLER GENERAL OF THEI UNITED STATES VV1WAShINGTON, D.C. 44 Ba176840000 April 181, 1973 Mrs, Rena P. Wilson 618 Tuskeecee Avenue Chesapeake, Virginia 23:320 Dear Mrs, l1lsou; Further reference is made to your letters of June 26 and August 16, 1972, concerning your request for reconsideration of our disallowance of your claim as widow of Allen B. Wilson, deceaaed, fo unpaid compensa- tion due him at the time of his death as a fonner employee of the Department of the Navy. / The record indicates that in 1943 yolt married Tom E, Clark in North Carolina and were separated from him in that Statt shortly there- after, After you had tried to ascertain Mr, Clar't whereabouts for 7 years without success, you left North Carolina in 1950 and married Allan B, Wilsont Sr Defore you married 4r. ilson you consulted at- torneys in orth Carolina and Virginia and were advised that it was un- necessary for you to obtain a divorce from Hr. Clark based upon the previously related facts, Subsequently, you were informed of the death .of Mr. Clarl. in December 1957o A copy of the certificate of death dis- closes that Tom Clark died on October 27, 1957, in Horfolk, Virginia, and.thnt his marital status was reported as separated. The record also shows that you entered into a ceremonial marriage with lKr, Wilson in Virginia on September 7, 1950 and that he died on January 8, 1972, in Norfolk, Virginia. When a person warries a second time the law presumes that the second marriage is valid and the first marriage was terminated by, death or divorce, However, such presutiptions are not conclusive ,nd are rebuttable when there is other evidence which affords reaconable grounds for presuming that the second marriage is Lnvelids Also, ,a marriage illic.it in its conception is presumed to continue in thar. condition until the impedimnt is removed .and a second legal marriage Is shown after removal of the impediment. In the instant case the presumption that your marriage to Mr. Wilson was valid has been rebutted (1) by the death of Hr. Clark BEST POCIJMLNT AVAILABLD

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