NEW YORK LIFE INS. CO. v. VALZ

No. 10524.

141 F.2d 1014 (1944)

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

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 15, 1944.


Attorney(s) appearing for the Case

Charles Cook Howell, of Jacksonville, Fla., for appellant.

Robert H. Anderson, of Miami, Fla., for appellees.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.


WALLER, Circuit Judge.

In the will of Fred M. Valz the proceeds of such of his life insurance policies as were payable to his "executors, administrators or assigns" were devised to trustees for the use and benefit of his wife and children. The trustees under the will, joined by the executor, sought a declaration of their respective rights against the Insurance Company under the policies. The Insurance Company, after removing the case from the State Court to this Court...

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