283 S.W. 599 | Tex. App. | 1926
Under the statute of the state the grandfather is expressly given the preference and the absolute right to be appointed guardian of his orphan grandchildren who are minors, as against an uncle not of blood kin. Article 4120, R.S. 1925. Such right cannot be taken away from the grandfather, unless he is disqualified by reason of matters expressly mentioned in article 4122, which relate, besides soundness of mind, to immoral conduct, drunkenness, and disinterestedness from obligations antagonistic to, or conflicting with, financial interests of the minor. Heinemier v. Arlitt,
So far as appears, the legal question arises as to whether or not at the death of the wife after the death of the soldier the unpaid installments of war risk insurance shall become payable to the alternative beneficiaries of the estate of the insured or the estate of the deceased. The final answer to the question must depend upon the proper legal interpretation of the War Risk Insurance Act in the light of the insurance policy, application therefor, and the facts in respect thereto. If the wife of the soldier, as the designated beneficiary and surviving the soldier, is to be legally regarded as the sole and exclusive beneficiary, intended in such case to be such by the soldier and the act, then upon her death the insurance would become payable to her children as in case of intestacy under the laws of descent and distribution; otherwise, the insurance would become payable differently. It becomes necessary to and we do only decide the pertinent thing that there does arise, prima facie, a reasonable legal ground of present disqualification to the appointment of appellant as guardian.
The judgment is affirmed. *601