James Clark McReynolds

“ Therefore the whole fund in contemplation of law is now assets of the estate of the dead soldier, to be distributed immediately to the estates of his father and mother. The fact that one beneficiary lived longer than the other, and hence entitled to receive more money in installments from the government, has nothing to do with the right of property as distributee. ”

“ No payment of any kind was made under the policy prior to the mother's death. Thereafter the Bureau of War Risk Insurance determined that during his life the insured became entitled to monthly disability payments aggregating $862.50 and caused this sum to be paid to his administrator. Also that while alive the father, as beneficiary, became entitled to installments aggregating $2,127.50 which was paid to his administrator. Further that during her life the mother, as beneficiary, became entitled to payments aggregating $3,938.75. ”

“ This proceeding, with proper parties, was duly begun by the assured's administrator in the superior court of Mecklenburg county, N.C. It sought binding direction concerning distribution of funds on hand and presented no other question. ”