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SMITH v. HINTON

No. 49530.

349 So.2d 510 (1977)

Martha Schuh SMITH, widow of James Dempsey Smith, Deceased v. Nelda T. HINTON.

Supreme Court of Mississippi.

August 17, 1977.

Attorney(s) appearing for the Case

Harris & McLellan, William E. McLellan, III, David A. Harris, Jackson, for appellant.

Satterfield, Allred & Colbert, William L. Colbert, Jr., Jackson, for appellee.

Before PATTERSON, C.J., and SMITH and LEE, JJ.

PATTERSON, Chief Justice, for the Court:

Mrs. Martha Schuh Smith is the widow and Mrs. Nelda T. Hinton is the ex-mistress of James D. Smith. The controversy between them is the proceeds of an insurance policy purchased by James D. Smith from Mutual Life Insurance Company of New York (MONY). When issued in 1969, Mrs. Smith was designated the beneficiary of the policy, the children of the marriage being the alternate beneficiaries. On November 14, 1973, the beneficiary...

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