FIELD EXAMINATION REQUEST (ROUTINE) Originating Office: Veterans Benefits Office, Washington 25, D.C. Date of Request: December 3, 1953 C-No: XC-16,586,695 From: Acting Chief, Dependents Division Name of Veteran: HOLLEN, Woodrow W. To: Chief Attorney, VA Regional Office, 30 South Pennsylvania Street, Indianapolis 9, Indiana Name of Claimants: (1) Inice Belle HOLLEN, (2) James F. DAVIS Address of Claimants: (1) R. R. #2, English, Indiana, (2) Paoli, Indiana FACTS TO BE ESTABLISHED: 1. A field examination is requested in this case to determine whether the veteran lived in the household of James F. DAVIS and whether James F. DAVIS acted in loco parentis to the veteran during the veteran's minority prior to his entrance into the military service. 2. The veteran served as PFC in the United States Army during the following periods: 13 JULY 1940 to 06 OCTOBER 1945; 21 SEPTEMBER 1948 to 25 SEPTEMBER 1951; he re-enlisted again on 26 SEPTEMBER 1951 and died in service on 05 JANUARY 1952 of injuries received in an automobile accident. The veteran's widow also died 05 JANUARY 1952 as a result of the same accident and he was not survived by a child. 3. Inice Belle HOLLEN filed claim for death compensation and Serviceman's Indemnity as dependent mother of the veteran. An award was approved in her favor for death compensation on 13 APRIL 1952 and for Serviceman's Indemnity on 06 JUNE 1952. There is evidence in file to show that she and the veteran's natural father were divorced on 28 SEPTEMBER, 1929, and he died on 05 OCTOBER 1929; that she and James F. DAVIS were married on 28 SEPTEMBER 1929. She divorced him on 13 SEPTEMBER 1946. 4. James F. DAVIS filed claim for death compensation and form 524, corroborated by two witnesses on 23 JUNE 1952. He filed claim for Serviceman's Indemnity on the basis that he was the veteran's stepfather and had stood in loco parentis to the veteran. An award of death compensation was approved in his favor on 06 JUNE 1952 and for Serviceman's Indemnity at the rate of $46.45 per month on 26 JUNE 1952. Both of these awards to James F. DAVIS have been suspended pending further determination as to his entitlement to receive these benefits. 5. James F. DAVIS in his affidavit executed 07 OCTOBER 1952 stated when he married Inice B. Davis (HOLLEN) of R. R. #2, English, Indiana, in September 1929; that she brought her seven children to live with him; that he also supported the veteran who lived with them from 1929 until he entered the military service in 1941. They lived in his home; used his furniture and belongings; that he made all of the money for their support except for a two-months period when the veteran worked for his uncle, Sam HOLLAND (TRANSCRIBER'S NOTE: spelled as HOLLEN in the actual report...this is in error); that he furnished spending money to the veteran and other members of the family and acted at all times as father to the veteran and exercised complete control over him; that during the entire time from September 1929 to 1941 the family lived on his farm in Greenfield Township, Orange County, Indiana. James F. DAVIS furnished affidavits of five persons to corroborate his contentions. 6. Inice Belle HOLLEN in an affidavit executed 17 APRIL 1953 stated that the veteran was born 19 MARCH 1915 and she divorced his natural father, Corder R. HOLLEN, on 28 SEPTEMBER 1929 and the same day married James F. DAVIS, whom she divorced on 13 SEPTEMBER 1946; that in her opinion no one stood in the relationship of father to the veteran who was fourteen years old (when she married James F. DAVIS) who worked and lived with the various farmers he worked for and contributed to her support and that of his sisters. Mrs. HOLLEN submitted the affidavits of five persons in support of her claim. 7. In response to a request made by Mrs. Inice Belle HOLLEN on 02 SEPTEMBER 1953 for evidence to show the names and dates of the children who lived with James F. DAVIS between 1929 and 1941; whether the home in which they lived as well as the furniture was owned by Mr. DAVIS; whether groceries, clothing, and medical care for the children were furnished by him and whether the veteran lived in the home of Mr. DAVIS from two-thirds to three-fourths of the time between 1929 and 1941, she furnished the following statement dated 24 SEPTEMBER 1953: Inice Belle HOLLEN lived with James F. DAVIS from 1929 to 1941. The following children of Inice Belle HOLLEN lived with them for the years set opposite their names: Ethel HOLLEN 1929 to 1933 Clovie HOLLEN 1929 to 1933 Pauline HOLLEN 1929 to 1941 Margie HOLLEN 1929 to 1939 Lula HOLLEN 1929 to 1941 (TRANSCRIBER'S NOTE: Clovie is listed as "Clorie" in the original document and is incorrect. Clovie is the "known as" name of Jack Walker HOLLEN). and Woodrow W. HOLLEN did not live in the home for any of this period because he was working away from home. The house in which Inice Belle HOLLEN and James F. DAVIS lived was owned by Inice Belle HOLLEN and her mother Mary A. HOLLAND. The furniture used was owned by Inice Belle HOLLEN acquired during her first marriage. James F. DAVIS furnished no groceries, no medical care and no clothing for the above named HOLLEN children. Woodrow W. HOLLEN (serviceman) did not reside in the home two thirds or three fourths of that time. He lived where he was working and would visit in the home on Sundays only. Any statement that he lived with James F. DAVIS two thirds or three fourths of the time are not true. He didn't live with James F. DAVIS and was not supported by him. 8. On 09 OCTOBER 1953 Mrs. HOLLEN was allowed fifteen days to furnish evidence in support of her statement that the veteran never lived with her and James F. DAVIS, but was employed and lived away from home; she also furnished the names and addresses of the veteran's employers during that period. Her statement dated 22 OCTOBER 1953 and received 26 OCTOBER 1953 is as follows: Woodrow W. HOLLEN, during his life time was employed as follows: - In September, 1929, the deceased veteran was employed by Clyde APPLE, now deceased. - Between the years of 1929 and 1931 he was employed by Harrison APPLE and Addison APPLE, both now deceased. - In the fall of 1931 he went to the home of Mr. and Mrs. Wayne SCOTT, R. R. #2, Paoli, Indiana. - In the spring of 1932 he worked for Samuel HOLLEN, now deceased. Samuel HOLLEN's widow, Edith HOLLEN, now resided at R. R. #2, English, Indiana. - In the year 1933 he again went to the home of Mr. and Mrs. Wayne SCOTT, R. R. #2, Paoli, Indiana. The following year he was again employed by Samuel HOLLEN, now deceased - Thereafter the deceased soldier went to Illinois and was employed there from 1935 until 1938 and the name of his employer is unknown. - In 1938 he returned to the residence of Mr. and Mrs. Wayne SCOTT, R. R. #2, Paoli, Indiana and remained at the home of Mr. and Mrs. Wayne SCOTT, R. R. #2, Paoli, Indiana, until he entered the Army in 1940. - The above named soldier died in the service of his country in JANUARY, 1952. - He visited his mother, Mrs. James F. DAVIS, who resided in Orange County, Indiana, English, Indiana, R. R. #2, often on weekends. - During all the time he was in service he sent his mother, Mrs. Inice Belle HOLLEN support and allowances. 9. Inice Belle HOLLEN submitted affidavits from the following residents of Orange County, Indiana, (no better address shown) in corroboration of her contention: Mae SCOTT, Bennie SELFE, Esther SELFE, Pauline STOTTS, Nellie WALLS. 10. James F. DAVIS submitted affidavits from the following residents of Orange County, Indiana, (exact addresses not shown), to corroborate his claim: Orpheus APPLE, Edrie E. WOLFE, William C. THOCKER, Claud APPLE, Howard LAMBDIN, George W. NEWKIRK, Hattie GILLIATT, Tom GILLIATT, and Wayne BRUBECK. The following names of residents of Greenfield Township, Orange County, Indiana, are given also as persons who can testify to his contention: Minnie NEWKIRK; Lois, John, Hubert and Matt LAMBDIN; Ed, Leora, and Felix BENNETT; Lola and Arthur MELTON; and Clarence PEARSON. 11. The field examination should be conducted using as a guide Chapter 4 of the Field Examination Manual, should contain complete information with respect to the subject matter to be developed and should include the depositions of each of the claimants and all persons interviewed having personal knowledge of the pertinent facts, also certificates of search should be made where necessary. /signature of E. H. CALLAHAN/