Frances W. Taylor, Individually and as of the Will of Guy H. Winslow, Deceased v. United States of America and Myrtle L. Jarvey

This action concerns a contest over the proceeds of a United States Government Life Insurance policy, between Frances Taylor, daughter of the deceased and executrix of his will, on the one hand, and Myrtle L. Jarvey, a divorced wife and the designated beneficiary of the life policy, on the other. The statutes involved are part of the 1958 revision of Title 38, U.S.C., entitled “Veterans’ Benefits,” particularly Chapter 19 thereof, Sections 701-88, and Chapter 53, P.L. 85-857, September 2, 1958, 72 Stat. 1105 , et seq.

The question presented is — Do federal statutes and regulations control problems involving the right of a beneficiary to recover on such a policy? We hold they do.

Winslow' was the owner of a Government Life Policy in the sum of $10,000. In 1964 he designated Myrtle Winslow, then his wife, as beneficiary. No change of beneficiary' was ever filed with the Government. Winslow and Myrtle were divorced in 1968. Winslow died two months later. Myrtle remarried and became Myrtle Jarvey, the ap-pellee.

The divorce decree provided that Myrtle was ordered to “waive and relinquish any claim which she may have against defendant (Winslow) for payment of support, maintenance,…