Estate of Perryman

DRAPER, J. pro tem.

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Decedent was a federal employee subject to the Civil Service Retirement Act (5 U.S.C.A. §691 et seq.). After marriage, he contributed to the retirement fund provided for by that act. Upon his death, monthly payments from the fund were made to his widow. At her death, this annuity had not exhausted the contributions made to the fund by decedent during his lifetime, and the amount remaining was paid by the United States to the administrator of the husband’s estate. There are no other assets of the estate. The husband was not survived by children or parents.

Respondent, executrix of the widow’s will, asserts that the fund is community property and claims all under Probate Code, section 201. Appellants are brothers and sister of decedent. They contend that the fund is separate property of decedent, and, under Probate Code, section 223, should be distributed half to them and half to respondent.

The probate court determined that the whole fund should go to respondent.

Appellants rely upon

Wissner

v.

Wissner,

338 U.S. 655 [70 S.Ct. 398, 94 L.Ed. 424], which holds that the proceeds of a national service life insurance policy should be distributed to the named beneficiary thereof, as provided in the act of Congress establishing such insurance, despite the conflicting claims of the surviving widow under the community property law of California. To the same effect is

Carballo

v.

McFann,

101 Cal.App.2d 93 [224 P.2d 902].

The rule of these cases is that the act of Congress prevails over conflicting state law in a field properly within the jurisdiction of the United States and to the extent that this field is occupied by the federal law. There the federal act specifically provided that payment of federal funds should be made to particular persons, and the cited decisions hold only that state statutes cannot contravene these clear directions.

Appellants also cite

Davies

v.

Beach,