Foster v. Winingham

BRATTON, Circuit Judge.

Mary Frances Winingham, acting by and through Helen K. Aulick, her mother and *47next friend, instituted this action against the United States and Jewell Luciell Winingham Foster to determine ownership of the proceeds of a policy of National Service Life Insurance in the sum of $5,000 covering the life of Ernest O. Winingham, a member of the armed forces of the United States, hereinafter referred to as the insured. Mary Frances Winingham was the daughter of the insured by a former marriage, and Jewell Luciell Winingham was his second wife. The insured took out one policy…