Fleming v. Smith

This is an action brought by a guardian ad litem on behalf of Michael Allan Smith, a minor, whom we hereafter designate as plaintiff, to obtain the proceeds of a National Service Life Insurance policy upon the life of his deceased father, Norton Smith. The policy had been acquired by the father prior to his marriage. Defendant, mother of the insured decedent and grandmother of plaintiff, was, at all times, designated as the beneficiary in the National Service Life Insurance policy upon the life of her son.

Plaintiff’s claim is based upon the contentions that plaintiff’s father (a) had…