Prose v. Davis

KERNER, Circuit Judge.

This appeal presents a somewhat different aspect of the problem of the determination of the beneficiary of a policy of National Service Life Insurance. The controversy is between a sister of the insured, who contends that he designated her as the beneficiary of his policy after the death of their father whom he had originally designated, and their stepmother who relies upon her status in loco parentis to recover by operation of law. We shall refer to them as plaintiff and defendant.

Many of the facts were stipulated, and additional evidence was introduced on the hearing.…