MUTUAL LIFE INSURANCE CO. OF NEW YORK v. THOMAS

No. 1659.

170 So.2d 895 (1965)

The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK v. Mrs. Louvenia THOMAS, and Holly McGee, and Leonard R. McGee.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 8, 1965.

Writ Refused March 30, 1965.


Attorney(s) appearing for the Case

Garrett & Carl, New Orleans, for defendants-appellants.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Charles W. Lane, III, and Charles G. Merritt, New Orleans, for defendant-appellee.

Terriberry, Rault, Carroll, Yancey & Farrell, Andrew T. Martinez, G. Edward Merritt, New Orleans, amici curiae.

Before SAMUEL, CHASEZ and HALL, JJ.


CHASEZ, Judge.

This is a concursus proceeding filed by The Mutual Life Insurance Company of New York to settle conflicting claims to the proceeds of a group life insurance policy issued on the life of Lindsey McGee. The claimants are Mrs. Louvenia Thomas, the beneficiary named in the policy, Holly McGee, widow of Lindsey McGee and Leonard R. McGee, forced heir of Lindsey McGee.

Mrs. Thomas, on motion for summary judgment, was granted judgment by the

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