National Maritime Union v. Augustine

STEPHENSON, Justice.

This is an action by plaintiff, Alberta Augustine, to recover death benefits payable under the National Maritime Union Pension and Welfare Plan (hereinafter *833called N.M.U. Plan). Trial was by jury, but judgment was directed by the court for plaintiff at the close of the evidence. Such judgment was for one-half of the death benefits less one-half of the funeral expense. The parties will be referred to here as they were in the trial court.

The uncontroverted evidence shows: Plaintiff and Joseph Kirby Augustine were married in 1955, and they were still married July 3, 1968,…