Barton

Plaintiff sues for a portion of the death benefits payable under a policy issued to her deceased husband pursuant to the National Service Life Insurance Act of 1940, as amended, 38 U.S.C.A. §§ 801-818 .

Defendants are the insured’s mother, Ella Moran Barton Ferris, who claims the entire proceeds as first beneficiary designated in the policy; the insured’s brother, Donald R. Barton, who is contingent beneficiary; and the United States, as insurer.

Consent to sue the Government is granted, and jurisdiction of this court is conferred by 38 U.S.C.A. § 817 , which incorporates by reference applicable provisions, [ 38 U.S.C.A. §§ 445 , 551] of the World War Veterans’ Act of 1924, as amended, 38 U.S.C.A. §§ 421-576 .

Answers to plaintiff’s complaint were filed, and at pre-trial hearing all parties joined in a stipulation as to the facts. Defendants thereupon moved for summary judgment.

The following facts are stipulated. On July 3, 1943, the insured enlisted in the naval service of the United States. He thereafter applied for service life insurance, and the $10,000 policy involved here was issued to him effective July 9, 1943. The insured ■designated his mother as first beneficiary…