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- Law Division of the Department of the Interior, Bureau of Pensions
Washington, D.C. WO 1193535, dated 26 Oct 1922
It appears that Martha and Henry D. Bassett were ceremonially married in Otsego County, Mich., March 1, 1882, and lived together only a short time when she left him owing, she alleges, to her having been informed that their marriage was not legal as he had at the time a living undivorced wife by a prior marriage. On August 11, 1886, Martha was married under her maiden name to one Charles A. Pangburn, with whom she lived until he died, December 12, 1919. Panburn was a soldier during the Civil War, and on January 10, 1920, she filed a claim for a pension as his widow, which was rejected April 9, 1920, on the ground that she did not become his lawful wife until November 11, 1909, "the date of death of her lawful husband, Henry D. Bassett".
Evidence obtained by special examination shows that her marriage to Henry D. was legal. He was married only twice previous to his marriage to Martha. His first marriage, to one Jemima Sooy, was dissolved by divorce on May 5, 1874, and his second wife, Olive Nichols died February 10, 1881. After Martha left Henry D., he, on August 27, 1892, was married at Detroit, Michigan to one Viola Westfall, a widow, with whom he lived until his death, November 11, 1909.
Viola filed a claim for pension as his widow, January 15, 1917, which was rejected September 5, 1919, on the ground that Viola was not his lawful widow, as he had, at the date of her attempted marriage to him, a wife from whom he had never been divorced and who was still living. Henry D. Bassett and Martha Isabel appear to have both been legally competent to marry at the time in 1882. Martha admitted to a special examiner that there were domestic infelicities, and it is evident that if she was led to believe that her marriage to Henry D. was illegal, she was very easily pursuaded, and did not make such inquiry as she should have done before contracting another marriage. However, it would be difficult to show that she did not remarry in good faith. She was apparently never divorced from Henry D. and the Department of the Interior, Bureau of Pensions, Washington D.C. has conceded that she was his lawful wife at the time of his death. Martha's marriage to Charles A. Pangburn was therefore void, but in the State of Michigan, where said marriage was contracted and where she and Pangburn were domiciled until Charles' death, a common law marriage may be presumed from continued cohabitation for more than thirty years.
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Bassett Family Association Database
d. 10 Nov 1909, Newburg, Wayne Co., Michigan