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CARROLL v. NEW YORK LIFE INS. CO.

No. 10849.

94 F.2d 333 (1938)

CARROLL et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

February 3, 1938.

Attorney(s) appearing for the Case

Raymond J. Lahey, of St. Louis, Mo. (Paul G. Ochterbeck, of St. Louis, Mo., on the brief), for appellants.

Vincent L. Boisaubin, of St. Louis, Mo. (James C. Jones and James C. Jones, Jr., both of St. Louis, Mo., Louis H. Cooke, of New York City, and Jones, Hocker, Gladney & Grand of St. Louis, Mo., on the brief), for appellee.

Before STONE, SANBORN, and WOODROUGH, Circuit Judges.

SANBORN, Circuit Judge.

From a decree canceling the reinstatement of a $15,000 policy of life insurance issued by the New York Life Insurance Company to John W. Rowan, effective March 20, 1924, and payable to "the executors, administrators or assigns of the insured, or to the duly designated beneficiary," this appeal has been taken by the executors of the insured's estate.

By the terms of the policy the insured had the right to change the beneficiary. The...

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