Kluge v. United States, 6591.
| Decision Date | 24 July 1953 |
| Docket Number | No. 6591.,6591. |
| Citation | 206 F.2d 344 |
| Parties | KLUGE v. UNITED STATES et al. |
| Court | U.S. Court of Appeals — Fourth Circuit |
E. P. Riley, Greenville, S. C., for appellees, Fred, Harold F. and Herbert W. Kluge.
No argument or brief for appellee United States.
Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
This is an appeal in a National Service Life Insurance case in which the widow of the insured claims the proceeds of the policy against the father and two minor brothers of the insured who were named as beneficiaries. Insured was married about three months prior to his death. There is evidence that after his marriage he said that he intended to change his policy so as to make his wife the beneficiary thereunder, but there is no evidence of any affirmative act on his part directed to that end. The judgment of the District Court holding that no change of beneficiary had been effected and granting recovery to the named beneficiaries must accordingly be affirmed. See Bradley v. United States, 10 Cir., 143 F.2d 573, certiorari denied 323 U.S. 793, 65 S.Ct. 429, 89 L.Ed. 632; Roberts v. United States, 4 Cir., 157 F.2d 906, certiorari denied 330 U.S. 829, 67 S.Ct. 870, 91 L.Ed. 1278; Coleman v. United States, 85 U.S.App.D.C. 145, 176 F.2d 469, 471; Butler v. Butler, 5 Cir., 177 F.2d 471.
Affirmed.
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Benard v. United States, 18288.
...not been taken by the insured to effectuate a change of beneficiary include Willis v. United States, 7 Cir., 291 F.2d 5; Kluge v. United States, 4 Cir., 206 F.2d 344; Littlefield v. Littlefield, 10 Cir., 194 F.2d 695; Butler v. Butler, 5 Cir., 177 F.2d 471; Coleman v. United States, 85 U.S.......
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Stribling v. United States
...not been taken by the insured to effectuate a change of beneficiary include Willis v. United States, 7 Cir., 291 F.2d 5; Kluge v. United States, 4 Cir., 206 F.2d 344; Littlefield v. Littlefield, 10 Cir., 194 F.2d 695; Butler v. Butler, 5 Cir., 177 F.2d 471; Coleman v. United States, 85 U.S.......
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Lane v. United States
...5 Cir., 165 F.2d 758; Gann v. Meek, 5 Cir., 165 F.2d 857, certiorari denied, 334 U.S. 849, 68 S.Ct. 1500, 92 L. Ed. 1772; Kluge v. United States, 4 Cir., 206 F.2d 344. 3. Under the Insurance Act of 1946, 38 U.S.C.A. 801 et seq., and the law as established by all of the applicable decisions,......
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Walker v. United States, 73-1940.
...intention of the insured . . . ." 157 F.2d at 909. Subsequently we have held that intent alone is not sufficient, Kluge v. United States, 206 F.2d 344 (4th Cir. 1953), but must be accompanied by some overt act directed toward effectuating that intent. See, e. g., Bew v. United States, 286 F......