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FRANCK v. EQUITABLE LIFE INS. CO.

No. 14708.

203 F.2d 473 (1953)

FRANCK v. EQUITABLE LIFE INS. CO. et al.

United States Court of Appeals Eighth Circuit.

April 17, 1953.

Attorney(s) appearing for the Case

Howard L. Bump, Des Moines, Iowa (Clarence I. Spencer, Des Moines, Iowa, on the brief), for appellant.

John Paul Jones, Des Moines, Iowa (William H. Fulton, Louisville, Ky., on the brief), for appellees Clara Dipple Hyland and William L. Hyland.

Joseph A. Boyer, Boston, Mass., for appellee Cambridge Trust Co., administrator C.T.A. of the Estate of Daisette McKenzie, deceased.

Before SANBORN, RIDDICK and COLLET, Circuit Judges.

SANBORN, Circuit Judge.

The Equitable Life Insurance Company of Iowa on March 9, 1951, issued to Minnie E. Hyland a refund annuity contract, called a "supplementary contract." By its terms, she was to be paid during her lifetime $62.25 monthly, and if at the time of her death the total of the monthly payments made to her did not equal $7,437.67, the value of a matured policy, her niece, Helen H. Franck, was thereafter to receive the monthly payments until the $7,437...

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