Fisher's Estate

Opinion by

Mr. Justice Kephart,

The question involved in this appeal is the ownership of the commuted value of war risk insurance. The heirs of the beneficiary named in the policy claim it through intestacy as direct heirs of the deceased soldier and as assignees of the remaindermen named in the will. The court below awarded the fund to the soldier’s aunts, the remaindermen named in the will.

Benjamin Fisher was killed in battle in 1918. He had previously taken out war risk insurance wherein his brother George was designated beneficiary. Benjamin’s will provided that after payment of his debts…