Lembcke v. United States (Lembcke, Third-Party-Defendants)

SWAN, Circuit Judge.

This is an action to recover $9,393.90, being the unpaid amount due under a deceased veteran’s National Service Life Insurance policy which named the plaintiff as beneficiary. The ultimate question presented by the appeal is whether the appellant is the “widow” of the deceased veteran under 38 U.S.C.A. § 802(g) which specifies the permissible beneficiaries of National Service Life Insurance. ■

The case was tried without a jury upon stipulated facts. So far as they are relevant here, it appears that throughout the year 1940 Charles W. Lembcke, the decedent, was the husband…