Mary L. Smith v. United States

This is an appeal from the dismissal of an action brought by the beneficiary of a National Service Life Insurance Policy against the United States. We affirm.

In 1955, Norton Smith contracted with the United States for a National Service Life Insurance Policy (hereinafter the policy) with a face value of $10,000. He named his mother, Mary Smith, the appellant, as beneficiary of the policy. Four years later, in 1959, Norton Smith obtained a divorce from his wife. As part of the settlement in that action, the divorce Decree _ ordered that Norton should designate his son, Michael, as the beneficiary under the policy.

Norton died in 1961 without having changed the named beneficiary under the policy. Shortly thereafter, the Veterans Administration paid the proceeds of the policy to the original beneficiary, Mrs. Mary Smith. Her claim to the money was, however, challenged by a Guardian ad Litem, one Fleming, who, on behalf of Michael Smith, filed a state court suit claiming the proceeds of the policy.

When she learned of the suit instituted by Fleming, Mrs. Smith sought assistance from the Veterans’ Administration (VA). Although VA representatives agreed with her position that the…