ÆTNA LIFE INS. CO. v. TOOLEY

No. 4760.

16 F.2d 243 (1926)

ÆTNA LIFE INS. CO. v. TOOLEY.

Circuit Court of Appeals, Fifth Circuit.

December 2, 1926.


Attorney(s) appearing for the Case

Maury Kemp and Michael Nagle, both of El Paso, Tex., and Harry Preston Lawther, of Dallas, Tex., for plaintiff in error.

J. G. McGrady, of El Paso, Tex. (Lea, McGrady, Thomason & Edwards, of El Paso, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

On February 1, 1924, the Ætna Life Insurance Company issued three policies of insurance, for $25,000 each, on the life of William L. Tooley. In the event of death, one of the policies was made payable to the wife of the insured and the other two to his estate. On March 19, 1924, the insured died, and his wife brought two separate suits on the policies, one in her individual capacity, and the other as executrix of her husband's estate. These...

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