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STONE v. UNITED STATES

No. 17780.

272 F.2d 746 (1959)

Juanita STONE, Individually and as Executrix under the last Will and Testament of Oliver H. Stone, Deceased, Appellant, v. UNITED STATES of America, and Mary Jane Shackelford, Appellees.

United States Court of Appeals Fifth Circuit.

December 8, 1959.

Attorney(s) appearing for the Case

Albert W. Copeland, Montgomery, Ala., Godbold, Hobbs & Copeland, Montgomery, Ala., of counsel, for appellant.

M. Roland Nachman, Jr., Hartwell Davis, U. S. Atty., Paul L. Millirons, Asst. U. S. Atty., Montgomery, Ala., Walter J. Knabe, Birmingham, Ala., and Knabe & Machman, Montgomery, Ala., of counsel, for appellee Shackelford.

Before RIVES, Chief Judge, and BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The dispute in this case is between the divorced wife and the widow of an insured veteran. Each asserts the right to the proceeds of a National Service Life Insurance policy in the amount of $10,000. The question for decision is whether the insured, Oliver Stone, effected a valid change of beneficiary from Mary Jane Shackelford, his divorced wife, to Juanita Stone, his widow, in spite of his failure to notify the Veterans Administration of a...

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