sister of the insured was included in the restricted class of beneficiaries. The amending act of 1942, 38 U.S.C.A. § 802(g) provided: 'The insurance shall be payable only to a widow, widower, child (including a stepchild or an illegitimate child if designated as beneficiary by the insured), parent, brother or sister of the insured * * * .' It omitted the following: '(including person in loco parentis if designated as beneficiary by the insured) * * * '.
Under the law of Pennsylvania an adopted child has the same status as natural son or daughter of the parent. If this action were under the law of Pennsylvania no question would exist and the plaintiff would recover.
The Pennsylvania Act of June 7, 1917, as amended by Act of July 21, 1941, 20 P.S. § 102, is in part as follows: 'The person adopted shall, for all purposes of inheritance and taking by devolution, be a member of the family of the adopting parent or parents. The adoptive relatives of the person adopted shall be entitled to inherit and take from and through such person, to the exclusion of his or her natural parents, grandparents, and collateral relatives; but the surviving spouse of such adopted person, and the children and descendants of such adopted person, shall have all his, her, and their respective rights under this act.'
As the present controversy was first presented, Droney v. United States, 59 F.Supp. 154, and Beach v. United States,
decided by the Northern District of Ohio, Eastern Division, on April 5, 1946, were cited by the United States Attorney. Those cases were not very persuasive, because they passed by the definition in Sec. 601 of the Act of 1940, unrepealed at the dates of the decisions, reading as follows: '(e) the term 'child' includes an adopted child'. But by Act of August 1, 1946, 38 U.S.C.A. § 801, the Congress amended Sec. 601 of the Act of 1940, to read as follows: '(f) The terms 'parent', 'father', and 'mother', include a father, mother, father through adoption, mother through adoption, persons who have stood in loco parentis to a member of the military or naval forces at any time prior to entry into active service for a period of not less than one year, and a stepparent, if designated as beneficiary by the insured.'
By the amendment omitting the provision in subsection (e) of the Act of 1940 that the term 'child' shall include an adopted child, the Congress undoubtedly intended to adopt the rule of some states other than Pennsylvania that a brother or cannot inherit from an adopted brother or sister. So finding the Court must enter judgment for the defendant.