European Stars And Stripes (Newspaper) - February 10, 1950, Darmstadt, Hesse Page 6 the stars and stripes Friday february 10, 1959 widow barred t&9js Iti ssi my a a re from sharing Nesli benefits Washington feb. 9 up the supreme court has ruled that a major s widow cannot claim half his life insurance benefits under state Community property Laws if she is no named beneficiary. Such state Laws generally say property acquired by either a Hus band or wife becomes joint properly of both. California courts ruled that a widow has a right to Hall the insurance proceeds As the husband s salary was used to pay premiums. However the supreme court overruled the California finding in a 5-3 decision read by Justice Tom c. Clark. Justices Sherman minion Felix Frankfurter and Robert h. Jackson dissented. Justice William of Douglas did not take part. Congress has spoken with Force and clarity in directing that the proceeds belong 1o the named beneficiary and no Clark Taid. He found constitutional the National service life insurance act of 1940, which set up the i insurance system similar suits the ruling stemmed from a suit brought by mrs. Leonardo. Wissner in a los Angeles court. Her Hus band an army major died in India in 1945 mrs. Leandous Wissner his Mother had been receiving $76.50 monthly from the veterans administration on his $10,000 policy. The widow brought suit against the husband s parents to compel hem to split payments with her. In approving her claim state courts held unconstitutional the Federal Law exempting Nesli pay ments from attachment. The govern ment argued to the contrary saying the heart of the Law was the right of a Serviceman to designate his beneficiary. Several similar suits have been started in los Angeles courts Philadelphia feb. 8
