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FRANKLIN LIFE INSURANCE COMPANY v. MAST

Civ. No. 2362-Tuc.

290 F.Supp. 671 (1968)

FRANKLIN LIFE INSURANCE COMPANY, a corporation, Plaintiff, v. Julie Ann MAST, Katherine Louise Mast, and Jonathon Lee Mast, minors by their Guardian Ad Litem, Jack I. Redhair; C. Lee Mast; Southern Arizona Bank and Trust Company, a corporation, as Executor of the Estate of Elizabeth L. Mast, Deceased; and James Talcott, Inc., a New York corporation, Defendants. Muriel Sandusky, Trustee in Bankruptcy, Defendant in Intervention.

United States District Court D. Arizona.

June 19, 1968.

Attorney(s) appearing for the Case

A. O. Johnson, Holesapple, Conner, Jones, McFail & Johnson, Tucson, Ariz., for Franklin Life Ins. Co.

James L. Richmond, Chandler, Tullar, Udall & Richmond, Tucson, Ariz., for Julie Ann Mast et al.

Russell E. Jones, Hall, Jones, Hannah, Trachta & Birdsall, Tucson, Ariz., for Executor of Estate.

Lawrence Ollason, Hirsch, Van Slyke & Ollason, Tucson, Ariz., for Muriel Sandusky, trustee in bankruptcy.

OPINION

KILKENNY, District Judge:

The plaintiff interpleads the defendants so that the Court may determine the proper beneficiaries under an insurance policy for $98,950.00, issued on June 4, 1965, to decedent Elizabeth Mast, on an application dated May 11, 1965. The face of the policy has been paid into Court. Plaintiff claims no interest in the proceeds, nor a right to designate the beneficiaries. The language of the policy designating the beneficiaries...

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