Helen May Gardner Glaser and George R. Gardner v. Frances Shenk Hester, Also Known as Frances Shenk Hester Gardner, and Willane Hester Haynes

This case comes up on appeal from a judgment entered dismissing a claim of Helen May Gardner Glaser and George R. Gardner against Frances Shenk Hester and Willane Hester Haynes. The claim set up in the complaint is that ap pellants be awarded, as beneficiaries by designation of a deceased veteran, the proceeds of an insurance policy issued by the government pursuant to statute and that the United States, through the Administrator of Veterans Affairs, be directed to pay such proceeds to these appellants. The question whether there is a final judgment in the case confronts this Court.

The action by appellants was brought originally against the parties above named and against the United States of America, Harvey V. Higley, as Administrator of Veterans Affairs and his successors in such office as such. The relief prayed in the complaint, among other things, is “That the Administrator of Veterans Affairs, Harvey V. Higley, or his successors in such office, be ordered forthwith to turn over the proceeds of said policy of insurance to the beneficiaries George R. Gardner and Helen May Gardner Glaser, as trustees for the minors William E. Gardner, III and James R. Gardner.” The answer by…