United States v. Le Page

WILSON, Circuit Judge.

This is an appeal from a decision of the District Court of Massachusetts and involves the right of the petitioner and appellee to recover under a policy of war risk insurance for which she applied with the consent of the insured, who was her son, and who died in France in June, 1918, from wounds received in action. The appellee was named as the beneficiary in the application for the policy.

Oswald Erick Opitz, the deceased, enlisted in the United States Army on July 22, 1917. By the provisions of the Act of October 6, 1917 (40 Stat. 398), the time limit on applications…