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FRANKLIN LIFE INSURANCE COMPANY v. WINNEY

No. 14906.

469 S.W.2d 21 (1971)

FRANKLIN LIFE INSURANCE COMPANY, Appellant, v. Ofelia WINNEY et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied July 7, 1971.

Attorney(s) appearing for the Case

Clemens, Knight, Weiss & Spencer, San Antonio, for appellant.

Baskin, Casseb, Gilliland, Rodgers & Robertson, San Antonio, for appellees.

CADENA, Justice.

Appellees, Ofelia Winney and Otilia Diaz Winney, filed suit for death benefits due under a policy issued by appellant, Franklin Life Insurance Company, to Jorge S. Winney, deceased. Both appellees and appellant filed motions for summary judgment. Appellant claimed that only the cash surrender value of the policy was due, since, prior to his death, plaintiff had requested payment of the cash surrender value of his policy. The trial court granted appellees...

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