NEW YORK LIFE INSURANCE COMPANY v. WALLS

No. 237-E.

124 F.Supp. 38 (1954)

NEW YORK LIFE INSURANCE COMPANY, a Corporation, v. William Marshall WALLS, Nelda N. Walls, and Mary Boyd, Defendants.

United States District Court, N. D. West Virginia, Elkins Division.

September 8, 1954.


Attorney(s) appearing for the Case

James M. Guiher, Clarksburg, W. Va., for plaintiff.

Milford L. Gibson, Kingwood, W. Va., for defendant Wm. Marshall Walls.

John F. Brown, Jr., H. K. Higginbotham, Elkins, W. Va., for defendant Nelda N. Walls.


WATKINS, Chief Judge.

This is an interpleader action under 28 U.S.C.A. § 1335 to determine which of the defendants is entitled to the proceeds of a $5,000 policy of insurance upon the life of Marshall C. Walls, who died at or near Evansville, W. Va., on June 13, 1952.

Nelda N. Walls, widow of the insured, was originally designated as beneficiary. By notice dated May 17, 1952, the insured requested plaintiff to change the beneficiary to Mary Boyd. Subsequently...

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