Setsuko M. Geis, and v. United States of America and Masako Geis, And

Walter W. Geis served in the United States Army and the United States Air Force for more than 22 years prior to his death in 1963. First he married Setsuko in 1951 in Japan. She came with him to the United States and was divorced from him in Seattle in 1956. Apparently one son was born to this marriage, although it is not clear that he knew of the birth. Then, back again in Japan, in 1957 he married Masako. She, too, came to the United States and she survives him as his widow. Three children were born to the second marriage.

At issue here is his $10,000 National Service Life Insurance policy, the proceeds of which have already been paid *155 to Masako by the Veterans Administration.

Under the policy, Setsuko was the only expressly designated first beneficiary of the proceeds. This occurred in 1950, even before his marriage to Setsuko. The policy remained in force under a waiver of premiums permitted servicemen. This was executed in 1951.

The district court accepted the testimony that Walter had the mistaken belief for many years before his death that his National Service Life Insurance had lapsed. Actually, he had bought privately a ten thousand dollar commercial policy for…

(dissenting)-

I dissent.

As the majority opinion points out, the formalities required in cases of private insurance, which are rigidly bound to contract principles, are not normally required in cases involving National Service Life Insurance. Payments are regarded more in the nature of Government benefits. Strict adherence to the Veterans Administration Regulations has not been demanded when considerations of intent and equity call for relaxation. Behrens v. United States, 299 F.2d 662 (9th Cir. 1962); Mitchell v. United States, 165 F.2d 758 (5th Cir. 1948); Annotation 2 A.L.R.2d 489 (1948).

Here I would say the record clearly establishes that the insured intended his widow to have all his service benefits of whatsoever kind and his first wife to have nothing. Certainly the District Court’s findings as to intent have ample support.

Where the insured is aware of the existence of his insurance I can see good reason for requiring some overt act in corroboration of his expressions of intent to change beneficiaries, or some proof that he believed that he had accomplished the change. Lack of such action or proof rationally suggests that the true intent was otherwise than as was…

404 F.2d 154 Setsuko M. GEIS, Plaintiff and Appellant, v. UNITED STATES of America and Masako Geis, Defendants and Appellees. No. 21424. United States Court of Appeals Ninth Circuit. Nov. 8, 1968, Rehearing Denied Dec. 27, 1968. George S. Lundin (argued), of Geraghty, Lundin & Geraghty, Seattle, Wash., for appellant. Albert E. Stephan (argued), Asst. U.S. Atty., Eugene G. Cushing, U.S. Atty., Seattle, Wash., for the United States. Casey & Pruzan, Phillip Hutchison (argued), Seattle Wash., for appellee Masako Geis. Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges. CHAMBERS, Circuit Judge: 1 Walter W. Geis served in the United States Army and the United States Air Force for more than 22 years prior to his death in 1963. First he married Setsuko in 1951 in Japan. She came with him to the United States and was divorced from him in Seattle in 1956. Apparently one son was born to this marriage, although it is not clear that he knew of the birth. Then, back again in Japan, in 1957 he married Masako. She, too, came to the United States and she survives him as his widow. Three children were born to the second marriage. 2 At issue here is his $10,000 National Service Life…