169 F.2d 885 | D.C. Cir. | 1948
Appellant, the mother of the late Lt. Robert I. Rosenschein, contests the right of
Appellant was named beneficiary in the policy. But the National Service Life Insurance Act of 1940 authorizes the insured to change the beneficiary.
The form was W.D., A. G. O. Form No. 41, headed “Designation of Beneficiary.” As filled out and signed it named appellee “beneficiary” but did not refer expressly to any particular policy or benefits. The Army intended the printed form for a purpose
The trial court without a jury found that the insured changed the beneficiary of the policy in suit. We think the evidence supports the finding. Courts dispense with technicalities to carry out a soldier’s intention to change the beneficiary of his life insurance policy. The intention and an act done for the purpose of accomplishing it are enough.
Though a regulation of the Veterans Administration required that notice of the change be forwarded “by the insured or his agent,” the appellee is not barred by the fact that notice did not reach the Veterans Administration until after the death of the insured.
Appellant contends that by D.C. Code 1940, § 14 — 302, 41 Stat. 567, appellee’s account of her husband’s conversation with the Finance Office clerk should have been excluded. But the cited statute “seeks to protect only persons ‘legally representing the deceased’ against claims which may be fraudulent.”
Affirmed.
54 Stat. 1010, § 602(g), as amended, 38 U.S.C.A. § 802(g).
Designation of beneficiary of a “six-months gratuity” payment.
The War Department afterwards adopted a different and unambiguous Form No. 41.
Roberts v. United States, 4 Cir., 1946, 157 F.2d 906, 909, certiorari denied sub nom. Roberts v. Roberts, 330 U.S. 829, 67 S.Ct. 870, 91 L.Ed. 1278; Collins v. United States, 10 Cir., 1947, 161 F.2d 64, certiorari denied, 331 U.S. 859, 67 S.Ct. 1756, 91 L.Ed. 1866; Mitchell v. United States, 5 Cir., 1948, 165 F.2d 758, 760; McKewen v. McKewen, 5 Cir., 1948, 165 F.2d 761, certiorari denied, 68 S.Ct. 1530; Gann v. Meek, 5 Cir., 1948, 165 F.2d 857, 859; Shapiro v. United States, 2 Cir., 1948, 166 F.2d 240, certiorari denied sub nom. Shapiro v. Shapiro, 68 S. Ct. 1533. Cf. Bradley v. United States, 10 Cir., 1944, 143 F.2d 573, 576, certiorari denied sub nom. Bradley v. Bradley, 323 U.S. 793, 65 S.Ct. 429, 89 L.Ed. 632.
Shapiro v. United States, supra note 4, 166 F.2d at page 241.
McKewen v. McKewen, supra note 4, 165 F.2d at page 764; Collins v. United States, supra note 4, 161 F.2d at page 68.
Duckett v. Duckett, 77 U.S.App.D.C. 303, 305, 134 F.2d 527, 529.