Sears

This is an action by one Karen Austin for the proceeds of a Federal Group Life Insurance Policy issued by Metropolitan Life Insurance Co. The insurance company has deposited the funds in dispute into the registry of the court and is no *486 longer a party to the litigation. The defendants are Robert C. Sears and Lavonne Stern, a son and adopted daughter of Cecil Sears.

The Group policy involved became effective on or about November 24, 1954 and Cecil Sears, an employee of the Internal Revenue Service, thereafter became insured according to the terms and to the extent therein provided. 1 The relevant section of the Group policy, Section 11, as amended, provides in part as follows:

On October 31, 1956 Cecil Sears retired from his occupation as a federal employee without having made a written designation of beneficiary as provided in the policy. At the time of his death on August 8, 1958 no designation of beneficiary had been accomplished in the manner contemplated by Section 11. However, while the decedent had been furnished the usual Federal Employee’s Group Life Insurance Retired Employee’s Certificate (consisting of one printed sheet) he, like all federal employees, had not…