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PRITCHETT v. ETHERIDGE

No. 12398.

172 F.2d 822 (1949)

PRITCHETT v. ETHERIDGE et al.

United States Court of Appeals Fifth Circuit.

February 25, 1949.

Attorney(s) appearing for the Case

Donald Gay, of Dallas, Tex., for appellant.

William P. Fonville, Asst. U. S. Atty., of Dallas, Tex., for appellees.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

HOLMES, Circuit Judge.

This is an action by Mrs. Etheridge and her present husband to recover the proceeds of insurance upon the life of her former husband, Jack Pritchett, a veteran of World War II. She bases her claim upon a change of beneficiary, in her favor, alleged to have been made at the hospital on January 21, 1946, seven days prior to the insured's death. The sole issue upon the trial below depended upon the mental capacity of the insured to make the purported...

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