Candelario A. Aguilar v. United States of America and Frances G. Aguilar

Appellant, the father of Raymond R. Aguilar, deceased, brought an action against Frances G. Aguilar, the widow of Raymond R. Aguilar, and the United States asking a judgment declaring appellant to be the beneficiary of a policy and certificate of National Service Life Insurance issued on the life of Ray mond R. Aguilar, a war veteran. Appellant’s claim that he is the beneficiary under said policy was rejected by the Veterans Administration and it recognized the widow as such. The trial court found that the veteran had legally changed the beneficiary from his father to his wife, and entered its judgment accordingly. An examination of the record leaves us with the conclusion that the finding of the trial court is not clearly erroneous and has substantial support in the evidence.

Two conditions must be established in order to warrant a finding that a change of beneficiary actually took place, viz., an intention to change, and the taking of some affirmative action evidencing the exercise of the right to change.

In order to warrant a finding of a change of beneficiary by a veteran no strict rule is applied and courts strive to give effect to the manifest intention of the insured,…