PRUDENTIAL INSURANCE COMPANY v. HEYN

Civ. No. 1759-SD.

139 F.Supp. 602 (1956)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, a corporation, Plaintiff, v. Mary Theresa HEYN, a Minor, by Mary K. Heyn, her guardian, Michael Heyn, a Minor, by Mary K. Heyn, his guardian, Fayette National Bank and Trust Company, Trustee, Fayette National Bank and Trust Company, Guardian, Union Trust Company, Trustee, Fidelity Trust Company, Trustee, John Does I and II, Jane Does I and II, Hawk Company, Defendants.

United States District Court S. D. California, S. D.

March 19, 1956.


Attorney(s) appearing for the Case

Gray, Cary, Ames & Frye, James W. Archer, Alfred S. Wilkins, San Diego, Cal., for plaintiff.

Swing, Scharnikow & Staniforth, Phil D. Swing, San Diego, Cal., for defendant Fayette Nat. Bank & Trust Co.

Stanford & McDonough, Huntington P. Bledsoe, San Diego, Cal., for claimants Heyn.


WEINBERGER, District Judge.

The question before the Court is whether the interest annually due under four insurance policies upon the life of the insured, Leo L. Heyn, shall be paid to Mary Theresa Heyn, and Michael Heyn, children of the insured, claimants herein, or to the Fayette National Bank and Trust Company, as Trustee (hereinafter called "Bank"), a claimant herein.

Briefs and written argument have been filed and counsel have stipulated that the matter...

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