Delma E. (Dutton) Jones v. United States

JOHN R. BROWN, Circuit Judge.

“Is William Henry Dutton, Jr., dead? If so, did he die before the 26th day of February, 1946 ?”

With these two questions appellant has briefly stated the only issues in this case which sought recovery under a National Service Life Insurance policy. For while the unsuccessful Beneficiary urges questions of admissibility of evidence and prejudicial statements by Government counsel, consideration of these points is not necessary in our disposition of this appeal.

As might be suspected, this case involves the classic problems surrounding the presumption of death of an…