Kaske

On February 27, 1954, plaintiff Emma May Kaske and her husband Fred J. Kaske, now deceased, entered into a property settlement agreement which included a waiver by Emma May of her community property interest in a National Service Life Insurance policy and an agreement by Fred that until his remarriage, if any, the children of the parties would be named as beneficiaries of the policy. The property settlement agreement was incorporated in a subsequently granted interlocutory divorce decree. Fred had changed the beneficiary of the policy from his wife to Dollie L. Rothert on January 15, 1954, and when he died on July 21, 1954, prior to the entry of a final decree of divorce, the defendant Dollie Rothert was still the named beneficiary.

In this action plaintiffs Ernest L. Kaske and Elenor M. Bratt, children of Emma May and Fred, and their mother Emma May seek the proceeds of the insurance policy or damages in the same amount, i. e., $10,000.

The complaint is deficient in that it contains no statement of jurisdictional grounds, Rule 8(a) (1), Fed.Rules Civ.Proc., 28 U.S.C.A. Diversity of citizenship cannot be relied on because there are no allegations in the complaint from which…