Condon v. Mallan, 4773.
| Decision Date | 04 February 1929 |
| Docket Number | No. 4773.,4773. |
| Citation | 58 App. DC 371,30 F.2d 995 |
| Parties | CONDON v. MALLAN. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Robert P. Lewis, of Atlantic City, N. J., for appellant.
Blaine Mallan, of Washington, D. C., in pro. per.
Before MARTIN, Chief Justice, ROBB and VAN ORSDEL, Associate Justices.
This appeal involves the disposition to be made of the balance of the proceeds of a policy of war risk insurance upon the death of the beneficiary named in the policy. William Andrew Gill, formerly an admiral in the United States Navy, in January, 1918, applied for and obtained renewable term war risk insurance in the sum of $10,000, and named his wife the beneficiary, with no alternate beneficiary.
Admiral Gill died November 18, 1918, and his widow received the benefits of the insurance in monthly installments from that date until she died intestate August 6, 1927. At the time of the widow's death, there remained a balance of the proceeds of the policy of $6,407, which was paid by the Veterans' Bureau to the administrator of the husband's estate, as authorized by section 14 of the Act of Congress of March 4, 1925, 43 Stat. 1310 (38 USCA § 514), as follows: "When any person to whom such insurance is now awarded dies or forfeits his rights to such insurance then there shall be paid to the estate of the insured the present value of the remaining unpaid monthly installments of the insurance so awarded to such person."
Admiral Gill left surviving him his widow and two sisters, of whom appellant is one, and three half-sisters. The widow, at her death, left surviving her a daughter by a former marriage. The single question for determination is: Who are the parties entitled to the insurance fund?
The probate court adjudged the step-daughter entitled to one half of the fund, and that the other half be distributed in equal shares between the sisters and half-sisters of the decedent. From the order this appeal was taken.
In his application for insurance, Admiral Gill specified that, "in case any beneficiary dies or becomes disqualified after becoming entitled to an installment but before receiving all installments, the remaining installments are to be paid to such person or persons within the permitted class of beneficiaries as may be designated in my last will and testament, or in the absence of such will, as would under the law of my place of residence be entitled to my personal property...
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