(Download) "United States v. Scott." by Eighth Circuit Circuit Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: United States v. Scott.
- Author : Eighth Circuit Circuit Court of Appeals
- Release Date : January 27, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This controversy concerns the right to the proceeds of a $10,000 policy of National Service Life Insurance issued by the United States to Evelyn C. Haizlip, a service woman, who died February 17, 1945. LeRoy Haizlip, the husbank of the insured, was the original beneficiary named in the policy. Shortly prior to her death, the insured changed the beneficiary to the appellant, describing him as her brother. As plaintiff, he brought this action upon the policy. He was, concededly, a brother of the insured through adoption, but the Government in its answer denied that he was within the permitted class of beneficiaries specified in the National Service Life Insurance Act of 1940, 38 U.S.C.A. § 801 et seq. (hereinafter referred to as "the Act"), and asserted that LeRoy Haizlip, the husband of the insured, had filed a claim for the insurance benefits. LeRoy Haizlip was thereupon brought into the case as an adverse claimant. He asserted that the insureds attempt to change the beneficiary was void under the Act. The assertions of the Government and the husband that the plaintiff was not entitled to the proceeds of the policy were based upon the claim that, by § 602(g) of the Act, 54 Stat. 1008, 1010, as amended July 11, 1942, 56 Stat. 657, 659, 38 U.S.C.A. § 802(g), the plaintiff was excluded from the permitted class of beneficiaries.