PHOENIX v. METROPOLITAN LIFE INSURANCE COMPANY

No. 50225.

379 S.W.2d 626 (1964)

Margaret L. PHOENIX and Thomas F. Gordon, Plaintiffs-Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, a Corporation, and Melvin Krah, Executor of the Estate of Charles O. Fleck, deceased, Defendants-Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied June 8, 1964.


Attorney(s) appearing for the Case

August W. Jaudes, St. Louis, for appellants.

Frank Bild, St. Louis, for respondent Melvin Krah, executor of the estate of Charles O. Fleck, deceased.

Fordyce, Mayne, Hartman, Renard & Stribling, William W. Sleater, Jr., St. Louis, for respondent Metropolitan Life Ins. Co.


Motion for Rehearing or to Transfer to Court En Banc Denied June 8, 1964.

BARRETT, Commissioner.

Charles O. Fleck was the insured in three policies of life insurance in the Metropolitan Life Insurance Company in the principal sum of $22,000, and his wife Linnie B. Fleck was the named beneficiary. Mrs. Fleck died on January 14, 1962, and on May 29, 1962, Mr. Fleck died without changing or designating another named beneficiary. Upon proof of death and surrender...

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