Mary C. Horn v. United States of America and Emma Horn. Emma Horn

Third Circuit

Mary C. Horn v. United States of America and Emma Horn. Emma Horn

179 F.2d 238, 1950 U.S. App. LEXIS 2206

CourtCourt of Appeals for the Third Circuit

DecidedJanuary 25, 1950

Docket10064

StatusPublished

Cited by1 cases

This text of 179 F.2d 238 (Mary C. Horn v. United States of America and Emma Horn. Emma Horn) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mary C. Horn v. United States of America and Emma Horn. Emma Horn, 179 F.2d 238, 1950 U.S. App. LEXIS 2206 (3d Cir. 1950).

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Opinion

PER CURIAM.

This is a civil action by which the plaintiff seeks to obtain the proceeds of a National Service Life Insurance policy. At the time this policy was issued the insured was in the armed forces of the United States. The original beneficiary was defendant, Emma Horn, his mother. Subsequent to entering the service the insured, Ralph Horn, married and was later killed in action. The wife claims that her husband, in his lifetime, designated her as beneficiary. The Trial Judge found as a fact “that on September 28, 1943, when Horn executed the ‘Designation of Bene *239 ficiary’ Form W.D., A.G.O. 41, he intended by so doing to change the beneficiary of his government life insurance from his mother to his wife and that he believed he had done so.” This finding is based on evidence sufficient to support it. It is not, therefore, clearly erroneous and is not to be disturbed by us.

The judgment will be affirmed.

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PER CURIAM.

This is a civil action by which the plaintiff seeks to obtain the proceeds of a National Service Life Insurance policy. At the time this policy was issued the insured was in the armed forces of the United States. The original beneficiary was defendant, Emma Horn, his mother. Subsequent to entering the service the insured, Ralph Horn, married and was later killed in action. The wife claims that her husband, in his lifetime, designated her as beneficiary. The Trial Judge found as a fact “that on September 28, 1943, when Horn executed the ‘Designation of Bene *239 ficiary’ Form W.D., A.G.O. 41, he intended by so doing to change the beneficiary of his government life insurance from his mother to his wife and that he believed he had done so.” This finding is based on evidence sufficient to support it. It is not, therefore, clearly erroneous and is not to be disturbed by us.

The judgment will be affirmed.

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179 F.2d 238, 1950 U.S. App. LEXIS 2206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-c-horn-v-united-states-of-america-and-emma-horn-emma-horn-ca3-1950.

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