Harlan F. Stone

“ Assuming, as the state court held, that the mother was entitled to the insurance in her lifetime, it does not follow that respondent, by virtue of his office as administrator, or claiming in the mother's right, is entitled to payment of the insurance under the judgment in her favor. ”

“ Section 300 (38 USCA § 511) declares that it is the policy of the act to afford to commissioned officers and enlisted men 'protection for themselves and their dependents,' and provides that 'the insurance shall be payable only to a spouse, child, grandchild, parent, brother (or) sister. * * *' Section 22 (38 USCA § 454) states that the 'insurance * * * payable * * * shall not be subject to the claims of creditors of any person to whom an award is made. * * *' The insurance certificate, in accordance with section 402 of the Act of October 6, 1917, 40 Stat. ”

“ In this case certiorari was granted, 282 U.S. 819, 51 S.C.t. 25, 75 L. Ed. -, October 13, 1930, to review a judgment of the Supreme Court of Minnesota, 179 Minn. 402, 229 N. W. 344, awarding to respondent's interstate the proceeds of war risk insurance issued to petitioner's interstate. The insured designated, as beneficiary, his father, who survived him, but who has since died. The insured was also survived by him mother, respondent's intestate, and by brother and sisters. ”