AETNA LIFE & CAS. CO. v. SPAIN

No. 77-1143 Summary Calendar.

556 F.2d 747 (1977)

AETNA LIFE & CASUALTY CO., Plaintiff, v. Mrs. Ruth SPAIN, Defendant-Appellant, v. Mrs. Pauline SPAIN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 27, 1977.


Attorney(s) appearing for the Case

Craig M. Fowler, Irving, Tex., for defendant-appellant.

Charles N. Curry, Vic Anderson, Jr., Fort Worth, Tex., for defendant-appellee.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.


GEE, Circuit Judge:

When he died in Texas on October 10, 1974, Barton Dean Spain owned a $50,000 insurance policy on his life issued by Aetna Life & Casualty Company. He had not designated a beneficiary for the proceeds of the policy. Before us today, each attempting to insert her name on the empty beneficiary designation line, are Pauline Spain, Barton Dean Spain's first wife, and Ruth Spain, his second wife to whom he was married at the time of his death. Ruth...

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