United States v. Stevens, 302 U.S. 623 (1938)

United States v. Stevens


No. 143


Argued January 3, 4, 1938
Decided January 17, 1938
302 U.S. 623

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIRST CIRCUIT

Syllabus

An ex-soldier, upon entering the National Home for Disabled Soldiers, situate in Massachusetts, contracted with its Board of Managers, pursuant to the Act of June 25, 1910, that, upon his death while a member of the Home, all of his personal property should become vested in the Board of Managers for the sole use and benefit of the post fund of the Home, subject to be reclaimed by any legatee or person entitled to take the same by inheritance at any time within five years after his death. He left no will.

Held:

1. The contract was valid and consistent with the law of Massachusetts. Notice to the heirs unnecessary. P. 626.

2. That his bank deposits, not having been claimed by his next of kin within five years of his death, became the property of the Home. P. 628.

89 F.2d 151 reversed.

Certiorari, post, p. 666, to review the reversal of a judgment, 15 F.Supp. 139, recovered by the United States in a suit against a trust company owing money on deposit to the credit of a deceased veteran, and against the administrator of his estate, and persons claiming to be his heirs at law and next of kin. The decree of the District Court required that the trust company pay the United States the amount of the fund and enjoined the individuals from asserting any claim to it.