Wissner v. Wissner

338 U.S. 655 (1950)

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Nature of the Case

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Facts

D are the parents, and Mrs. Wissner (P), is the wife of Major Leonard O. Wissner, who died in India in 1945 in the United States Army. The Major had enlisted in the Army in November 1942 and in January 1943 subscribed to a National Service Life Insurance policy in the principal sum of $10,000, which policy was in effect at the date of his death. The Major and P were estranged at the time he entered the Army or shortly thereafter. After six months in the service, The Major stopped the allotment to P, and in September 1943 expressed the wish that he 'could find some way of forcing P to a settlement and a divorce.' The Major named Ds, his mother principal, and his father contingent beneficiary, under his National Service Life Insurance policy. Since his death, the United States Veterans' Administration has been paying his mother the proceeds of the policy in monthly installments. In 1947, P brought action claiming she was entitled to 1/2 the proceeds as community property. D answered that the designation as beneficiaries was 'final and conclusive as against any claimed rights' of P. The court found that they had been married in 1930, and until the date of The Major’s death had been legally domiciled there and subject to the state's community property laws. The court concluded that, the proceeds of this policy 'were and are the community property' of the widow and the decedent, and entered judgment for P for one-half the amount of payments already received, plus interest, and required D to pay P one-half of all future payments 'immediately upon the receipt thereof' by appellees or either thereof. The District Court of Appeal affirmed, and the Supreme Court of California denied a hearing. The Supreme Court granted certiorari.