Betty Gulley v. Mary Jane Gulley, Also Known as Mary J. Gulley, Now Mary Jane Wausson, and United States of America

This action was brought by the appellant, Betty Gulley, in the United States District Court following a determination by the Veterans Administration adverse to her claim to the proceeds of certain National Service Life Insurance and in favor of the application of the appellee, Mary Jane Gulley. The appeal presents facts similar to those in cases which have been before this and other courts wherein the mother and widow of a deceased veteran have litigated as to which had the right to receive the proceeds of a National Service Life Insurance policy. In these cases no formal change of beneficiary form has been available as evidence and the courts have been forced to rely upon extraneous circumstances. In the instant case we have an additional element to those appearing in the cases of Kendig v. Kendig, 9 Cir., 1948, 170 F.2d 750 and Aguilar v. United States, 9 Cir., 1955, 226 F.2d 414 , consisting of a conflicting statement made by the veteran.

On October 15, 1946 the veteran was married to Mary Jane Gulley, the appellee. On January 29, 1947 Mary Jane obtained an insurance policy on her own life from the Occidental Life Insurance Company in the amount of $2000 and designated her…

(dissenting).

I dissent. Probably more justice would be done if we adhered to the strict record of what military personnel had done at the Veterans Administration in way of designation of beneficiaries rather than probing miscellaneous statements of the deceased. However, I do not object too strenuously to Kendig and Aguilar, cited supra. I accept them. But there the trial court found the facts only one way: that everything the veteran did was consistent and'^inted to intent to change a beneficiary.

I agree with the majority that the quoted statement of the decedent made to his brother is inconclusive. I would agree that Kendig and Aguilar govern if the trial court had disbelieved Virginia Barbee, the decedent’s sister. But the trial judge believed everybody, believed that Wallace Gulley told his sister, Virginia, in May, 1946, that he, Wallace, was having trouble with Mary Jane and had left his insurance the way he had previously made it out, that is, to his mother.

I believe the trial court thought Ken-dig was applicable, but I would not apply it when there is a finding that the marine did tell his wife on separate days that his insurance ran to her and then in between…

231 F.2d 5 Betty GULLEY, Appellant, v. Mary Jane GULLEY, Also known as Mary J. Gulley, Now Mary Jane Wausson, and United States of America, Appellees. No. 14328. United States Court of Appeals Ninth Circuit. March 13, 1956. Rehearing Denied April 20, 1956. Robert R. Gill, Ely, Nev., for appellant. Oliver C. Custer, Reno, Nev., Ridley C. Smith, Santa Ana, Cal., for appellant Mary Jane Gulley. Franklin P. R. Rittenhouse, U. S. Atty., Las Vegas, Nev., for appellee United States. Before ORR, POPE and CHAMBERS, Circuit Judges. ORR, Circuit Judge. 1 This action was brought by the appellant, Betty Gulley, in the United States District Court following a determination by the Veterans Administration adverse to her claim to the proceeds of certain National Service Life Insurance and in favor of the application of the appellee, Mary Jane Gulley. The appeal presents facts similar to those in cases which have been before this and other courts wherein the mother and widow of a deceased veteran have litigated as to which had the right to receive the proceeds of a National Service Life Insurance policy. In these cases no formal change of beneficiary form has been available as evidence and the…