ROBERTS v. BATHURST

No. 9289.

112 F.2d 543 (1940)

ROBERTS v. BATHURST.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 24, 1940.


Attorney(s) appearing for the Case

Wm. H. Watson, S. Pasco, C. J. Brown, and James B. Watson, all of Pensacola, Fla., and F. G. Bauer and Paul B. Roberts, both of Boston, Mass., for appellant.

John M. Coe, of Pensacola, Fla., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

Joseph deR. Moreno died Oct. 16, 1936, leaving life insurance policies payable to his executors, administrators or assigns. Marjorie Bathurst on Nov. 21, 1936, probated in Florida a will executed Oct. 18, 1935, which named her sole executrix and devised and bequeathed the whole estate to her. She, as executrix, sued upon the policies in the District Court of the United States in Florida. The insurer paid the money into court, and prayed an interpleader...

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