Oliver Wendell Holmes, Jr.

Summary

Oliver Wendell Holmes, Jr. White v. United States (270 U.S. 175…

If the soldier was willing to put himself into the government's hands to that extent no one else could complain. The only relations of contract were between the Government and him. White's mother's interest at his death was vested only so far as he and the Government had made it so, and was subject to any conditions upon which they might agree. They did agree to terms that cut her rights down to one-half. She is a volunteer and she cannot claim more.
Source: Wikisource

Oliver Wendell Holmes, Jr. White v. United States (270 U.S. 175…

George White, a soldier in the American army during the late war, on July 1, 1918, took out insurance upon his life for $10,000 under the War Risk Insurance Act of October 6, 1917, c. 105, article 4, § 400, 40 Stat. 398, 409 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 514u) . He designated his mother, the appellant, as beneficiary, but by a letter of the same date, since established as his will, he provided that one-half of the sums paid shold go to his aunt, Lucy Reeves, who at that time was not among those to whom the statute allowed the policy to be made payable.
Source: Wikisource

Oliver Wendell Holmes, Jr. White v. United States (270 U.S. 175…

White's argument, of course, is that, although the statute allowed a beneficiary to be named by will, it did not extend the benefit to aunts, so that her son's will was ineffective at the time when it was established; that therefore the mother's interest vested as absolute at the son's death, and could not be defeated by later legislation.
Source: Wikisource

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