HORNING v. LINDSAY

No. 9733.

169 F.2d 963 (1948)

HORNING et al. v. LINDSAY.

United States Court of Appeals District of Columbia.

Decided August 30, 1948.


Attorney(s) appearing for the Case

Mr. Frank F. Roberson, of Washington, D. C., with whom Mr. George D. Horning, Jr., of Washington, D. C., was on the brief, for appellants.

Mr. William S. Tarver, of Washington, D. C., with whom Mr. John L. Laskey, of Washington, D. C., was on the brief, for appellee.

Before EDGERTON, CLARK, and WILBUR K. MILLER, Associate Justices.


WILBUR K. MILLER, Associate Justice.

This appeal requires us to decide between conflicting claims to the proceeds of a policy of insurance on the life of James Burns Horning. By the terms of the policy, which was issued January 12, 1926, the insurer agreed to pay, upon receipt of due proof of the death of the insured, the sum of $5,000 to "his wife, Mary Margaret Horning, if living; otherwise to his executors, administrators or assigns."

Mrs. Horning died...

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