Mary M. Behrens v. United States of America, and Wilda L. Dinnell

The problem presented by this case is whether Henry Dinnell, a deceased serviceman, effectively changed the beneficiary of his National Service Life' Insurance from his former wife, Mary M. Behrens, the appellant herein, to his widow, Wilda L. Dinnell, the appellee herein

A suit was brought in the United States District Court for the Southern District of California, Northern Division, under the provisions of 38 U.S.C.A. § 784 after the Veterans Administration Board of Veterans Appeals had determined that Henry Dinnell had changed the beneficiary of his National Service Life Insurance to the appellee, his widow. Pursuant to stipulation of the parties the sole evidence before the district court was the serviceman’s record in the hands of the Veterans Administration. Judgment was for the widow and the former wife appeals. We have jurisdiction by virtue of 28 U.S.C.A. § 1291 .

Many cases have involved questions similar to those presented by the instant case. A serviceman may effectively change the designation of beneficiary of his National Service Life Insurance without strictly adhering to the procedures set out in government regulation. The widely accepted rule is that two…