This dispute is between the father and a former wife of a deceased Government employee, both of whom claim the proceeds of a Federal Group Life Insurance Policy that covered the decedent. The former wife, Christina Smith, originated the action by restraining the Metropolitan Life Insurance Company from distributing the proceeds of the policy to the decedent’s father, Husted Smith; the insurance company interpleaded Husted Smith, deposited the proceeds of the policy into the Registry of the Court, and was dismissed from the litigation.

The decedent, Harold Smith, was a Post Office employee. He originally designated Christina Smith the beneficiary of his Federal Group Life Insurance, and that was the only designation of a beneficiary he ever made. Harold Smith died from cancer, and the disease had drastically affected his mind for a period of time before his death. Twenty-one days before his death, and while Harold Smith was mentally incompetent, he was placed in a retired status by the Post Office Department. Section 11 of the Group Policy in question provides in part that any designation of beneficiary shall automatically cease to be effective on the date of retirement of the insured employee, and that section further provides:

Husted Smith’s claim is based on the fact that after Harold Smith was retired by the Post Office, no new designation of beneficiary was filed by him (since he was incompetent), and therefore Husted claims that there was no designated beneficiary at the time of Harold’s death, and that Husted is entitled to the proceeds of the policy as the surviving parent of the decedent, there being no widow or children of the decedent.

Harold Smith and Christina Smith were married in 1930 and were divorced in 1950. Harold remarried and was divorced a second time in 1953. After his second divorce, Harold and his first wife, Christina, became friendly again. During his last illness, which extended over a period of several months, Christina visited Harold frequently in the hospital. He made her the beneficiary of his Government insurance and the primary beneficiary under his will, as well as the executrix of his estate. It is abundantly clear, and this Court finds as a matter of fact, that Harold intended Christina to be the beneficiary of his Government insurance.

The statutes creating Federal Employees’ Group Life Insurance, 5 U.S. C.A. § 2091 et seq., have not yet been construed by any court; but guidance may be found in general principles of insurance law, and in cases involving National Service Life Insurance. With regard to the latter, it is noted that many courts have passed upon situations in which an insured under a National Service Life Insurance Policy attempted to change the designation of beneficiary under his policy, but failed to comply with the technical requirements set forth in the policy as the means to accomplish such a change. The universal rule of those cases is that the policy provisions specifying the method of changing the designated beneficiary are for the benefit of the insurer and not the insured, and that the clear intention of the insured should be given effect even though the method specified in the policy is not followed. In Gerstenlauer v. United States, D.C.E.D.N.Y., 108 F.Supp. 654, 657 , the court said:

The court further said 108 F.Supp. at page 658 :

In McKewen v. McKewen, 5 Cir., 165 F.2d 761, 764 , the court said:

And in Johnson v. White, 8 Cir., 39 F. 2d 793, 796 , the court said:

That the provisions for automatic cancellation of a designation of beneficiary in the policy in question were inserted purely for administrative convenience is shown by the Civil Service Commission “Life Insurance Manual,” issued December, 1954, which has the following to say about the provisions relied upon here by Husted Smith (Chapter 1-3-20 and 1-3-21):

Therefore it is the conclusion of this Court that the provisions for automatic cancellation of a designation of beneficiary in the policy here considered, are procedural rather than substantive, and need not be strictly complied with. This is particularly true where, as here, the insurer and the government agencies for whose benefit the provision was written are no longer parties to the proceeding. In United States v. Pahmer, D.C.S.D.N.Y., 136 F.Supp. 762, 764 , the court stated:

And in Johnston v. Kearns, 107 Cal. App. 557, 560 , 290 P. 640, 641 , the court quoted the following with approval:

The California Supreme Court also gave voice to this rule in Cook v. Cook, 17 Cal.2d 639, 648 , 111 P.2d 322 , 328:

Another rule that is well settled and often applied in cases where an insured intended to change the beneficiary of a policy but failed to comply with the required formalities, is that where circumstances beyond the insured’s control prevent him from complying with the formalities, equity will consider done that which was intended to be done. See Cook v. Cook, supra, in which the court quoted from the Pimentel case as follows, 17 Cal.2d at pages 648-649, 111 P.2d at page 328 :

Johnston v. Kearns, supra, also quotes from an earlier case to the same effect. The application of this rule to the case at bar is obvious; here the insured clearly intended that Christina should be the beneficiary of his government life insurance, but intervening mental incompetence put it beyond his power to comply with the regulations for reaffirming his designation. Accordingly, this Court will consider done that which the insured clearly intended to be done, and will award the fund on deposit in the Registry of this Court to Christina Smith.

The importance of the intention of the insured, and the weight to be given to that intention, are continually emphasized in the authorities. The following are illustrative: in Stafford v. United States, D.C.W.D.La., 128 F.Supp. 435, 437 , the court said:

And in Batts v. United States, D.C.E.D.N.C., 120 F.Supp. 26 , 31:

Because it is the finding of this Court that the insured intended Christina Smith to be the beneficiary of the policy, and because on a balancing of the equities between the rival claimants all the equities are in favor of Christina Smith, and because it was beyond the power of the insured to comply with the formalities of the policy (which formalities were designed purely for administrative convenience), judgment is hereby awarded to Christina Smith.

During the trial counsel for cross-defendant, Husted Smith, moved to strike cross-claimant Christina Smith’s exhibits 1, 2 and 3, and certain testimony offered by Albert O. Hawkins, a witnéss on behalf of cross-claimant Christina Smith. A ruling was reserved on these motions. Exhibit 1 is the Veterans’ Administration medical file on the deceased. Exhibit 2 is that portion of the deceased’s personnel file with the San Francisco Post Office dealing with insurance and/or retirement. Exhibit 3 is a blank form dealing with retirement used by the Post Office. Hawkins’ testimony goes to circumstances surrounding the designation of beneficiary. All of these exhibits and the testimony deal with subjects relevant to the issues in the case, and the motions to strike are, and each of them is hereby denied.

Counsel for Christina Smith are directed to prepare findings of fact, conclusions of law and a judgment in accordance herewith.