Baumet v. United States
Baumet v. United States
Opinion of the Court
delivered the opinion of the Court.
Based on conflicting claims to the proceeds of a National Service Life Insurance policy, this is a companion case to United States v. Henning, ante, p. 66, decided today.
The controversy is bottomed on the following facts: At the time of the insured serviceman’s death in 1942, his policy designated John J. Peters, his uncle, as sole beneficiary. Challenging the uncle’s standing as a permissible beneficiary under the statute, William Baumet, the insured’s natural father, instituted an action to claim the proceeds.
For the reasons detailed in United States v. Henning, supra, we hold that estates of deceased beneficiaries may not take proceeds under the Act. The award to John J. Peters’ personal representative must therefore fall. In regard to the natural father’s claim, the District Court’s findings sharply reveal that William Baumet long before
Reversed.
The insured’s natural mother died in 1936, and no claim is raised on her behalf. However, the infant half-brothers and half-sisters of the insured by their guardian ad litem filed a claim asserting that they followed their father William Baumet on the priority ladder of § 602 (h) (3); 38 U. S. C. § 802 (h) (3). But their standing under § 602 (h) (3) (D) is conditioned on the absence of takers qualifying under § 602 (h) (3) (C). Since we find such a taker, their claims need not be considered here.
Julie Peters, as John’s executrix, moved for substitution in his stead. The District Court denied the motion, on the ground that John J. Peters’ rights were extinguished by his death. 81 F. Supp. 1012 (S. D. N. Y. 1948). The Court of Appeals reversed, holding that accrued installments passed to a deceased beneficiary’s estate. 177 F. 2d 806 (2d Cir. 1949), cert. denied, 339 U. S. 923 (1950). A subsequent trial followed.
The District Court’s unreported findings and opinion are reprinted at pp. 10 to 24 of the Appendix to the Brief for the United States.
§§ 601 (f), 602 (g); 38 U. S. C. §§ 801 (f), 802 (g).
§ 602 (h) (3) (C); 38 U. S. C. § 802 (h) (3) (C).
Baumet v. United States, 191 F. 2d 194 (2d Cir. 1951).
Dissenting Opinion
dissenting in part.
I think William Baumet and Julie Peters should share the accrued policy proceeds pari passu. I believe that the natural father as well as the foster mother “last bore” the parental relationship to the insured. No law, no dictionary, no form of words can change that biological fact. The natural father, as well as the natural mother, remains a parent no matter how estranged parent and child may become. A stranger may by conduct become a foster parent; but no conduct can transmute a natural parent into a stranger.
Reference
- Full Case Name
- BAUMET Et Al. v. UNITED STATES Et Al.
- Cited By
- 17 cases
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- Published