Henry v. United States, Civ. A. No. 74-1376.
Decision Date | 13 May 1975 |
Docket Number | Civ. A. No. 74-1376. |
Parties | Bernice F. HENRY, and Bernice F. Henry, next friend of Marc A. Henry, minor son, Plaintiffs, v. UNITED STATES of America and Evelyn R. Fulmer, Defendants. |
Court | U.S. District Court — District of Columbia |
Guy B. Arthur, Dept. of Justice, Washington, D. C., for defendant the United States.
The motions for directed verdict in favor of the defendants made at the close of all the evidence were fully argued after the jury,* by a divided vote, failed to agree. See Fed.R.Civ.P. 50(b). The controversy concerns the competency of an insured under a National Service Life Insurance policy to change the named beneficiary (Fulmer) to his estranged wife and court-appointed conservator (Bernice Henry). The motion is granted. Henry failed to meet her burden of proof.
The parties agreed to the following instruction which states the test of competency applicable where change of beneficiary is questioned:
The proof of the insured's incompetence was overwhelming. A blind man in the last stages of terminal brain cancer who is normally incoherent and disoriented and who has twice been declared incompetent by disinterested trained physicians cannot be...
To continue reading
Request your trial-
Doe v. Laconia Supervisory Union No. 30
... ... 30 et al., Defendants ... Civ. A. No. 74-148 ... United States District Court, D. New ... ...
-
Kilburn v. SERVICEMEN'S GROUP LIFE INSURANCE COMPANY, INC., C-1-84-392.
...rather than the siblings' father, is entitled to the proceeds. Accordingly, we adopt the reasoning of Baran. But see Henry v. United States, 396 F.Supp. 1300 (D.D.C.1975). We also point out that for practical purposes this is a suit against a private insurance carrier who has been authorize......