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MERCANTILE NAT. BANK AT DALLAS v. FRANKLIN LIFE INS. CO.

No. 16529.

248 F.2d 57 (1957)

The MERCANTILE NATIONAL BANK AT DALLAS, Independent Executor of the Estate of Martha Ann Baxter, Deceased, Appellant, v. The FRANKLIN LIFE INSURANCE COMPANY and Nolia Elizabeth Teer, Appellees.

United States Court of Appeals Fifth Circuit.

September 5, 1957.

Attorney(s) appearing for the Case

Wm. H. Clark, III, Ramsey Clark and Clark, Coon, Holt & Reed, Attys. at Law, Dallas, Tex., for appellant.

John A. Rawlins and Stanley E. Neely, Dallas, Tex., for appellee.

Before RIVES and CAMERON, Circuit Judges, and BENJAMIN C. DAWKINS, Sr., District Judge.

CAMERON, Circuit Judge.

This appeal presents the question whether the insured in a Single Premium Cash Refund Insurance Policy effectively elected, during her lifetime, to surrender the policy for its cash value so that, upon her death, said value was payable by the insurer to her estate rather than to the contingent beneficiary named in the policy. Interpleaded by the insurer, The Franklin Life Insurance Company, appellant, The Mercantile National Bank at Dallas...

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