PENDERGRASS v. NEW YORK LIFE INS. CO.

No. 14048.

181 F.2d 136 (1950)

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

United States Court of Appeals Eighth Circuit.

April 3, 1950.


Attorney(s) appearing for the Case

Clinton R. Barry and John E. Harris, Fort Smith, Ark., for appellants.

Robert L. Jones, Jr., Fort Smith, Ark. (G. C. Hardin, J. Clib Barton and Bruce H. Shaw, Fort Smith, Ark., were with him on the brief), for appellee Ann Pendergrass and Ann Pendergrass, Executrix of the estate of Willard Pendergrass, deceased.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.


SANBORN, Circuit Judge.

This is a controversy between the appellants and the appellee Ann Pendergrass over the proceeds of a $6,000 policy of insurance upon the life of Willard Pendergrass. The insured was the father of the appellants by a divorced wife, and the husband of Ann Pendergrass, by whom he was shot and killed November 6, 1948. She was the designated beneficiary in the policy at the time of his death.

The appellants brought an action in the District...

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