Baldwin v. United States, Civ. No. 373.

• Decision Date: 21 November 1946
• Docket Number: Civ. No. 373.
• Parties: BALDWIN v. UNITED STATES et al.
• Court: U.S. District Court — Western District of Missouri

68 F. Supp. 657

BALDWIN v. UNITED STATES et al.

Civ. No. 373.

District Court, W. D. Missouri, St. Joseph Division.

November 21, 1946.

Miles Elliott, of St. Joseph, Mo., for plaintiff.

Ronald S. Reed, of St. Joseph, Mo., for defendants Mabel Elizabeth Whitley and Neil W. Bayne.

Charles L. Chalender, of Springfield, Mo., for defendant United States.

DUNCAN, District Judge.

This is a suit to determine to whom shall be paid the proceeds of a National Service Life Insurance policy issued pursuant to the provisions of Title 38 U.S.C.A. § 802 on March 9, 1943 by the United States of America upon the life of Jack Bayne, who met his death in Germany on March 23, 1945 while on active duty with the Armed Forces of the United States. At the time of his death he had not reached his 21st birthday.

The insured designated the defendant Mabel Elizabeth Whitley as principal beneficiary, describing her as "aunt in loco parentis," and her husband Charles Whitley as "uncle in loco parentis," contingent beneficiary.

Following insured's death, the plaintiff, his natural mother, and the defendant Mabel Elizabeth Whitley each filed claims and sought to have the proceeds of the policy paid to her. Whereupon the Veterans' Administration caused on investigation to be made, and thereafter it approved the claim of the defendant Mabel Elizabeth Whitley, and authorized the benefits to be paid to her. Thereupon the plaintiff filed this suit alleging that she was the natural mother of Jack Bayne; that as such, she was the lawful beneficiary and entitled to the benefits; that the defendant Mabel Elizabeth Whitley was not related by blood or marriage, nor did she stand in the relation of loco parentis to the said insured, and was therefore, not one of the persons authorized under the law to be named a beneficiary in such policy.

The defendant United States of America disclaims any interest in the policy and asks the court to determine to whom the benefits should be paid. It also asked that Neil W. Bayne, father of the insured, be required to intervene, which request was granted by the court.

The defendant Mabel Elizabeth Whitley claims in her answer that she stood in loco parentis to the insured, and was therefore within the class of persons eligible to be named a beneficiary under the Act, and that she is entitled to the proceeds of the policy.

In his answer, Neil W. Bayne, father of the insured, alleged that insured made his home with the defendant Mabel Elizabeth Whitley and her husband Charles Whitley for many years during his minority, and was educated and treated as a natural son by the defendant Mabel Elizabeth Whitley and her husband Charles Whitley, and that the plaintiff Gladys Baldwin and her husband Douglas Baldwin had not stood in the relation of loco parentis to the deceased for many years prior to his entrance into the Armed Forces of the United States. He disclaims any interest under the policy, and asks that the defendant Mabel Elizabeth Whitley be awarded the benefits.

Plaintiff was the only witness to testify in her own behalf. Many persons testified on behalf of the defendant Mabel Elizabeth Whitley, concerning the relationship between the parties. The sole question for determination by the court is whether or not the defendant Mabel Elizabeth Whitley stood in loco parentis to the deceased Jack Bayne. No cases have been cited to the court in which this particular question has been determined. Several authorities have been cited in which the question of loco parentis between deceased World War I veterans and persons who sought to place themselves in that status have been cited, but the factual situation in those cases is different. There the questions for judicial determination were whether or not these who had been named beneficiaries could stand in loco parentis to deceased certificate holders who had reached their majority before the alleged relationship actually began.

In the present case we are not concerned with that problem. The relationship, whatever its legal significance, began when the deceased was 13 years of age and continued until the time of his death, prior to his having reached his majority, so we are primarily concerned here with whether or not the relationship in loco parentis may exist where it is admitted there is a natural parent living in the same community and who is on friendly terms with the child.

The mother and father of the deceased were divorced in 1927. Provision was made in the divorce decree for the payment of $40 per month as support and alimony. This amount was reduced from time to time until 1933 when it finally was reduced to the sum of $15 per month. Apparently the defendant Neil W. Bayne made payments in various amounts under orders of the court until about 1936 when he ceased to make any further payments. The plaintiff and her present husband Douglas Baldwin were married in 1929.

Seemingly a close relationship between the parties began when the deceased was born; the parties were neighbors and almost from the beginning the plaintiff and the deceased's father were having marital troubles, and Mrs. Whitley took care of the child a great part of the time while its own mother, due to economic circumstances, was required to go out and work. From all the evidence the mother was a splendid woman, took an interest in her child and did her best to make and provide a home for him. This rather intimate relationship between the parties extended over all of the time involved in this proceeding, even after the deceased had gone into the Army. As a matter of fact, the parties visited back and forth in each others' homes for many years on alternate Sundays; going on picnics together and doing the usual things that families do, who enjoy a close and friendly relationship.

For many years the defendant Mabel Elizabeth Whitley has been in charge of the cafeteria at Central High School in St. Joseph; her husband is an invalid and has been able to work only occasionally. He was a painter and decorator by trade, but because of a tubercular condition, was unable to follow his trade, except at rare intervals. Therefore, Mrs. Whitley was the real breadwinner of the family.

There was a strong inference from the evidence that the deceased Jack Bayne and his stepfather did not get along. While the testimony on the part of the parties who are directly concerned is entirely silent with regard to this matter, there is testimony from the friends of Jack Bayne to whom he had talked about the situation, indicating that the relationship between him and his stepfather was not harmonious, and we find that along about November 1937 (the evidence is somewhat conflicting on this score) Jack Bayne took up his residence with the Whitley family.

Some time prior thereto the husband of plaintiff had been on WPA and the family was having some financial difficulties. The suspicion cannot be escaped that when the alimony and maintenance payments on the part of Neil W. Bayne stopped, the stepfather was reluctant to support the child. At any rate, it was shortly after this that Jack went to live with the Whitleys. The undisputed testimony is that the Whitleys had an extra room, and that it was suggested by Mrs. Whitley to Mrs. Baldwin that Jack come and live with them, that it would help them (the Baldwins) who, as the evidence shows, were cramped in their living quarters as well as in their financial affairs generally.

Jack came to live with the Whitleys, was provided a room, and apparently all of the things that boys usually require in the way of support and maintenance were provided by the Whitleys. The neighbors in the neighborhood into which they moved thought that Jack was a member of the Whitley family, and from that time until his entrance into the Army, this relationship existed. The friendly relationship between him and his mother continued. He always referred to her as "Mother," and the evidence shows that his visits to his mother were frequent and entirely friendly, but that at all times he returned to the Whitley home where he had his clothes, and all of his possessions and belongings, and that it was only rarely that he went to his mother's home for more than a casual visit, or a meal.

Two or three years after he came to live with the Whitleys, he acquired a paper route for the delivery of the St. Joseph News-Press. In connection with that transaction, Mrs. Whitley signed the contract for him and provided a bond which was required by the publisher. During the time Jack had his paper route, he probably earned $10 or $12 a week from it, although there were times when he would require money with which to finance it. Whenever this financing was necessary, it was Mrs. Whitley who did that. All the money received from his paper route was used by him for his own wants, and no part went to the Whitleys, or to the Baldwins.

Although I am sure his own mother from time to time gave him a few articles of clothing, it plainly was Mrs. Whitley who provided his clothes, and kept them in proper condition. The Whitleys did his washing and performed all other services with respect to his living requirements while in their home.

Though the Whitleys were no relation to him, insured referred to them as "aunt" and "uncle," and upon many occasions expressed to his friends his sincere appreciation for the many things which they had done for him. After he became old enough, he drove the Whitley automobile on his dates, and at other times when it was agreeable with the family to do so. The instructions with respect to his conduct came from the Whitleys. When he desired to do something that would ordinarily require parental authority or consent, it was to the Whitleys that he applied. When he entered high school he gave the name of his father and mother as his parents, and the address of the Whitleys as his residence.

Jack was a bit headstrong upon many matters; he did not get along too well in school, although...