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MORGAN v. EQUITABLE LIFE ASSURANCE SOCIETY OF U. S.

No. 314-70.

446 F.2d 929 (1971)

Barbara MORGAN, Plaintiff-Appellee, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, a corporation, Defendant, Betty Parsons et al., Cross-Defendants-Appellants, Walter F. McGinnis, Administrator c.t.a. of the Estate of Harvey R. Morgan, Deceased, Cross-Defendant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 2, 1971.

Attorney(s) appearing for the Case

Payne H. Ratner, Jr., Wichita, Kan., (Richard R. Barnes, and Ratner, Mattox, Ratner, Ratner & Barnes, Wichita, Kan., with him on the brief), for plaintiff-appellee.

Jerry W. Hannah, Topeka, Kan. (John E. Wilkinson, Topeka, Kan., with him on the brief), for cross-defendants-appellants.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The question is whether under Kansas law a widow, who has been convicted of killing her husband, can recover the proceeds of an insurance policy on the deceased's life. The federal district court permitted recovery.

The deceased, Harvey R. Morgan, had a $20,000 policy on his life issued by defendant Equitable Life Assurance Society. His widow, plaintiff-appellee Barbara Morgan, was found guilty of third-degree manslaughter in connection...

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