Live Stock Nat. Bank v. United States

EVANS, Circuit Judge.

This is the second appeal in this case, which involves a war risk insurance policy. The decision on the prior appeal appears in 7 Cir. 106 F.2d 240. The facts there stated make a lengthy recital of them unnecessary. The appellants are the soldier’s named beneficiary, Mary Benchick Kos-tecka, allegedly his common law wife, and the administrator of his estate.

*180The order appealed from denied appellants any recovery and declared an escheat of the proceeds of the policy to the United States.

Stated chronologically, the facts are:

May 27, 1918 Insured died in the army.

May 26, 1926…