30 S.W.2d 558 | Tex. App. | 1930
By force of the federal statute (section 514 of title 38 of the United States Code Annotated), the $5,503.29 in controversy belonged to the deceased soldier's estate. It passed to his heirs according to the laws of Texas. Articles 2570, 3314, R.S. 1925. The parties agree that the sole question for determination here is as to whether the heirs entitled to take the fund were heirs of the soldier as of the date of his death, to wit, his father, said J. S. Turner, and his mother, said Eugenia Turner, or heirs of the soldier as of the date of the death of the beneficiary named in the application for the insurance, to wit, his said mother and half brothers and sisters and descendants of other such brothers and sisters, named in the statement above. We think the conclusion of the trial court that it was the soldier's heirs as of the date of his death who were entitled to the fund was correct. It is supported by the decision of the El Paso Court of Civil Appeals in Battaglia v. Battaglia, 290 S.W. 296, where the question was rather fully discussed, and by decisions of courts of other states in cases as follows: Carroll v. Sheppard,
The judgment is affirmed.