TRAVELERS INSURANCE COMPANY OF HARTFORD v. CHILDS

No. 177, Docket 24814.

252 F.2d 889 (1958)

TRAVELERS INSURANCE COMPANY OF HARTFORD, Plaintiff, v. Jessie M. CHILDS, Individually and as Administrator, Appellant, and Jean Childs and Thomas E. Swimp.

United States Court of Appeals Second Circuit.

Decided March 5, 1958.


Attorney(s) appearing for the Case

William Sims, Buffalo, N. Y., for appellant.

Herbert Shafer, David Feldman, Buffalo, for appellee.

Before HAND, HINCKS and LUMBARD, Circuit Judges.


PER CURIAM.

We are not altogether sure as to the disposition that Judge Morgan intended to make of this case. His first "finding of fact" was that the insured "was capable of understanding the nature and effect of his acts." Standing alone, that would present to us only the question whether the judge meant that the insured knew that the result of what he did was to change the beneficiary, for the appellant does not argue that any undue influence was exerted. Unless...

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