Smith's Estate

Opinion by

Mr. Justice Kephart,

The policy of war risk insurance of Harold J. Smith did not designate any beneficiary to whom it would be payable at his death, which occurred on March 6, 1921, while he was still in the Marine Corps service. He was unmarried. On July 3,1923, a letter written by him was probated as his will over appellant’s objections. No appeal was taken from that probate.

The letter was received by Helen Kintner, a friend but not a relative of the decedent. The parts of it relevant to the disposition of his estate are as follows: “I got another letter from my mother the other…