In re Greiner's Estate

• Decision Date: 06 March 1928
• Citation: 218 N.W. 437,195 Wis. 332
• Parties: IN RE GREINER'S ESTATE.
• Court: Wisconsin Supreme Court

195 Wis. 332

218 N.W. 437

IN RE GREINER'S ESTATE.

Supreme Court of Wisconsin.

March 6, 1928.

Appeal from an order of the County Court of Marathon County; George J. Leicht, Judge.

Proceeding in the matter of the estate of Anton Greiner, Jr., deceased. From an order of the county court of Marathon county, distributing the proceeds of policy of war risk insurance, Lucille Fransee and others appeal, opposed by Margaret Gohdes, administratrix of the estate of Anton Greiner, Sr., and others. Affirmed.--[By Editorial Staff.]

From an order of the county court of Marathon county distributing the proceeds of a policy of war risk insurance, paid by the federal government to the estate of Anton Greiner, Jr., to the estate of his father, Anton Greiner, Sr., the brothers and sisters of Anton Greiner, Jr., appeal.

It appears that Anton Greiner, Jr., a former soldier in the World War, died intestate on the 18th day of October, 1918. At the time of his death there was in force a war risk yearly renewable term insurance upon his life in the sum of $10,000, issued by the federal government. Upon his death the insurance became payable to his father, Anton Greiner, Sr., in 240 monthly installments, and as they fell due they were paid each month by the United States Veterans' Bureau to said Anton Greiner, Sr., until his death on February 15, 1925. After the death of said Anton Greiner, Sr., the full amount of the unpaid insurance, amounting to $7,534 was paid to the estate of the deceased soldier, Anton Greiner, Jr. By its order the county court assigned such insurance to the estate of Anton Greiner, Sr. From that order the brothers and sisters of Anton Greiner, Jr., bring this appeal.Joseph F. Schoendorf, of Milwaukee, for appellants.

John P. Ford, of Wausau, for respondents.

OWEN, J.

[1][2][3][4] It is contended by the appellants that upon the death of Anton Greiner, Sr., the unpaid portion of the insurance moneys became payable to them under the provisions of the World War Veterans' Act 1924, more especially section 303, as amended, chapter 553, § 14, 43 Stat. 1310 (38 USCA § 514). The question as to who was entitled to the proceeds of this insurance policy upon the death of Anton Greiner, Sr., was not before the county court, although it seems to have been so assumed in Estate of Fink, 191 Wis. 349, 210 N. W. 834, and Estate of Singer, 192 Wis. 524, 213 N. W. 479. It will be apparent, upon reflection, that a dispute between contending beneficiaries...