De Motts v. United States

MELLOTT, Chief Judge.

May the widow of a deceased serviceman, in a suit brought against the United States under the National Service Life Insurance Act, 38 U.S.C.A. § -801 et seq., in the district of which she is a citizen, have judgment against the mother of the deceased, a citizen of a different state and district, for the aggregate amount of periodic payments erroneously made by the Veterans Administration to her, which amount exceeds $3,000?

The facts are not in dispute. The widow and the mother of the deceased both claimed to be entitled to receive the periodic pay*772mcnts due under a…