Cuff

This case, is here on appeal from the judgment of the District Court denying complainants’ motion for a judgment on the pleadings and dismissing complainants’ second amended bill in equity. It will therefore be necessary to set forth the allegations of the hill some-wliat at length. In substance, it alleges that on September 27, 1918, James R. Cuff was killed in line of duty while serving with the American Expeditionary Forces in France; that he had applied for, and there was issued to him, under the War Risk Insurance Act ( 40 Stat. 398 as amended), a policy of insurance on his life, in the sum of $10,000; that Florence Cuff, as wife, was named as beneficiary in said policy; that at the time the said Florence Cuff was not the lawful wife of said James R. Cuff (hereinafter referred to as the deceased), but was the lawful wife of one Millard W. Kessler; that therefore a certain marriage ceremony participated in by said deceased and said Florence Cuff, at Evanston, state of Wyoming, on or about May 11,1918, was null and void; that at the time of the issuance of said policy, and at the time of the death of said James R. Cuff, who died intestate, neither the said Florence Cuff nor her…