Wissner v. Wissner

by Tom C. Clark

United States Supreme Court

338 U.S. 655

Wissner  v.  Wissner

 Argued: Dec. 6-7, 1949. --- Decided: Feb 6, 1950

See 339 U.S. 926, 70 S.Ct. 619.

Under the National Service Life Insurance Act providing that insured shall have right to designate beneficiaries of insurance and that payments to named beneficiary shall not be subject to attachment, levy, or seizure, etc., proceeds of policy wherein insured had designated his mother as beneficiary and his father as contingent beneficiary were payable to mother notwithstanding that premiums on policy were paid out of insured's army pay which was community property under law of insured's domicile, and judgment of state court to the contrary which also required that all future payments immediately upon receipt by beneficiary should be paid to insured's widow could not stand. 38 U.S.C.A. § 454a; National Service Life Insurance Act of 1940, § 602(g, i), 38 U.S.C.A. § 802(g, i).

Mr. Carlos J. Badger, Modesto, Cal., for appellants.

Mr. Leslie A. Cleary, Modesto, Cal., for appellee.

Mr. Morton Hollander, Washington, D.C., for the United States, as amicus curiae, by special leave of Court.

Mr. Justice CLARK delivered the opinion of the Court.

Notes