In Re Saunders

171 S.E. 61, 205 N.C. 241, 1933 N.C. LEXIS 517

Opinion

BeogdeN, J.

Who were the distributees of the personal estate of Rowan D. Saunders at the time of his death in October, 1918?

This Court has consistently held that the distributees of a deceased soldier, holding war risk insurance, are to be ascertained at the date of the death of the soldier, in accordance with the intestate laws of the state in which the soldier lived.

It appears from the record that the mother of the deceased soldier was dead prior to 1918, but that his father was living, and that the soldier had no wife or child or issue of a child at the time of his death. Consequently, our statute of distribution C. S., 131, subsec. 6, vested the personal estate of the deceased in the father as sole distributee under the intestate laws of this State. Of course, the final distribution of the estate is postponed until the death of the beneficiary named in the policy. This Court pointed out in Grady v. Hall, 199 N. C., 666, 155 S. E., 565, the confusion which may arise in failing to distinguish between the right of property under the intestate law and the right of enjoyment which is postponed until the death of the beneficiary. Therefore, if the money belonged to the father on and after II October, 1918, he had a right to dispose of it by will. This he did, and the property must be distributed in accordance with the will of the deceased, William Saunders, as no question is raised as to the validity of the will. See In re Estate of Pruden, 199 N. C., 256, 154 S. E., 7.

Reversed.