MANSFIELD v. HESTER

Civ. A. No. 873.

81 F.Supp. 772 (1949)

MANSFIELD v. HESTER et al. (HESTER et al., Third Party Defendants).

United States District Court S. D. West Virginia.

January 11, 1949.


Attorney(s) appearing for the Case

Ashworth & Sanders, D. D. Ashworth and C. Berkley Lilly, all of Beckley, W. Va., for plaintiff and third party defendants.

Herman D. Rollins, of Charleston, W. Va., for defendant Lillie Hester.

Leslie E. Given, U. S. Atty., of Charleston, W. Va., for U. S.


BEN MOORE, Chief Judge.

Under the National Service Life Insurance Act of 1940, as amended, provision is made for the payment of remaining unpaid installments of insurance effected thereunder, upon the death of a named beneficiary. The sections which apply to this case are in part as follows:

Title 38 U.S.C.A., Chapter 13, § 802(h) (3):

"Any installments certain of insurance remaining unpaid at the death of any beneficiary shall be paid in equal...

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