Wilson v. Kyle

HOLMES, Circuit Judge.

This appeal is from a judgment awarding the proceeds of a $5000 National Service Life Insurance policy to appellee Mrs. Julia M. Kyle, mother of the deceased insured, instead of to appellant Elaine R. Wilson, the purported wife of the deceased. The material facts are as follows:

Edgar Lewis Kyle obtained a $10,000 National Service Life Insurance policy, effective June 1, 1943. The amount thereof was later reduced to $5000, which was in effect when Kyle died in service in October, 1947. At the time the policy was issued, the insured designated his mother as his principal…