Muir

This is an action to determine the beneficiary of a policy of National Service Life Insurance under provisions of the National Service Life Insurance Act of 1940, 38 U.S.C.A. § 801 et seq.

The undisputed facts of this case are as follows:

Intervenor Ruth Bodenhausen Muir Pet-tit (hereafter referred to as Mrs. Pet-tit) married Fred A. Muir in Glendale, California, in 1934. One child, Marlene Marie Muir, was born the issue of this marriage.

On August 27, 1942, Mrs. Pettit obtained a “mail order” divorce in Mexico from Muir. Neither of these parties was a resident of or domiciled in Mexico, all nego-tiations for the divorce having been arranged through correspondence.

In September, 1942, Mrs. Pettit went through a ceremony of marriage with one Archie D. Pettit and has, since that date, held herself out to be his wife (being now known as Mrs. Pettit).

In November, 1942, the plaintiff, June H. Muir, went through a ceremony of marriage with the said Fred A. Muir in Memphis, Tennessee, while both of them were domiciled in California. Since that date the plaintiff has held herself out to be the wife of Muir.

Muir entered the Naval Service in August, 1942. Pie applied for and was…