POPE v. SMALLEY

No. 12444.

229 F.2d 349 (1956)

Helen POPE, Appellant, v. Priscilla SMALLEY and United States of America, Appellees.

United States Court of Appeals Sixth Circuit.

January 10, 1956.


Attorney(s) appearing for the Case

Guy Elliott and McKinley Battle, Kinston, N. C., for appellant.

Ben B. Fowler, Frankfort, Ky., Dailey & Fowler, Frankfort, Ky., on the brief, for appellee Priscilla Smalley.

No brief was filed by the Government.

Before SIMONS, Chief Judge, and MARTIN and STEWART, Circuit Judges.


MARTIN, Circuit Judge.

This is a contest between the wife and the sister of a deceased soldier for the proceeds of a National Service Life Insurance policy issued to him. The policy, in the principal sum of $10,000, was in effect when the insured was killed in action on December 6, 1950. At the time the decedent procured the policy, he was unmarried and designated his sister, Priscilla Smalley, as beneficiary. Later, on October 25, 1949, he married Helen Peoples....

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