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PRUDENTIAL INSURANCE CO. OF AMERICA v. GATEWOOD

No. 46551.

317 S.W.2d 382 (1958)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. N. Maxine GATEWOOD, Administratrix, with Will Annexed of the Estate of John J. Gatewood, Deceased, Appellant. The Citizens Bank, Trustee under the Will of John J. Gatewood, Deceased, and Clarene Ware, Respondents.

Supreme Court of Missouri, Division No. 1.

November 10, 1958.

Attorney(s) appearing for the Case

Neale, Newman, Bradshaw, Freeman & Neale, Flavius B. Freeman, Donald J. Hoy, Springfield, for appellant.

Fred A. Moon, Springfield, for respondent The Citizens Bank, Trustee under the will of John J. Gatewood, deceased.

HOLLINGSWORTH, Justice.

This appeal presents an issue between two rival claimants to the proceeds of two policies of insurance issued by the Prudential Insurance Company of America on the life of John J. Gatewood, who, on September 23, 1956, died of accidental asphyxiation. The face of each of the policies was for $5,000, but each carried a provision that if death occurred by accidental means an additional benefit of $5,000 would be paid to the beneficiary therein...

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