Kluge v. United States

Fourth Circuit

Kluge v. United States

206 F.2d 344, 1953 U.S. App. LEXIS 2749

Court of Appeals for the Fourth Circuit·Decided July 24, 1953·No. 6591·Published·Cited by 6 cases

Opinion

PER CURIAM.

This is an appeal in a National Service Life Insurance case in which the widow of the insured claims the proceeds of the policy against the father and two minor brothers of the insured who were named as beneficiaries. Insured was married about three months prior to his death. There is evidence that after his marriage he said that he intended to change his policy so as to make his wife the beneficiary thereunder, but there is no evidence of any affirmative act on his part directed to that end. The judgment of the District Court holding that no change of 'beneficiary had been effected and granting recovery to the named beneficiaries must accordingly be affirmed. See Bradley v. United States, 10 Cir., 143 F.2d 573, certiorari denied 323 U.S. 793, 65 S.Ct. 429, 89 L.Ed. 632; Roberts v. United States, 4 Cir., 157 F.2d 906, certiorari denied 330 U.S. 829, 67 S.Ct. 870, 91 L.Ed. 1278; Coleman v. United States, 85 U.S.App.D.C. 145, 176 F.2d 469, 471; Butler v. Butler, 5 Cir., 177 F.2d 471.

Affirmed.

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PER CURIAM.

This is an appeal in a National Service Life Insurance case in which the widow of the insured claims the proceeds of the policy against the father and two minor brothers of the insured who were named as beneficiaries. Insured was married about three months prior to his death. There is evidence that after his marriage he said that he intended to change his policy so as to make his wife the beneficiary thereunder, but there is no evidence of any affirmative act on his part directed to that end. The judgment of the District Court holding that no change of 'beneficiary had been effected and granting recovery to the named beneficiaries must accordingly be affirmed. See Bradley v. United States, 10 Cir., 143 F.2d 573, certiorari denied 323 U.S. 793, 65 S.Ct. 429, 89 L.Ed. 632; Roberts v. United States, 4 Cir., 157 F.2d 906, certiorari denied 330 U.S. 829, 67 S.Ct. 870, 91 L.Ed. 1278; Coleman v. United States, 85 U.S.App.D.C. 145, 176 F.2d 469, 471; Butler v. Butler, 5 Cir., 177 F.2d 471.

Affirmed.

Kluge v. United States, 206 F.2d 344, 1953 U.S. App. LEXIS 2749 (4th Cir. 1953).

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