LEMKE v. SCHWARZ

No. 48997.

286 N.W.2d 693 (1979)

Denise G. LEMKE, et al., Appellants, v. Bernadine J. SCHWARZ, Respondent.

Supreme Court of Minnesota.

Rehearing Denied October 5, 1979.


Attorney(s) appearing for the Case

Bruess, Hamerston, Bye & Boyd and David P. Sullivan, Duluth, for appellants.

Courtney, Gruesen, & Petersen and Thomas W. Gruesen, Duluth, for respondent.

Heard before KELLY, TODD, and YETKA, JJ., and considered and decided by the court en banc.


KELLY, Justice.

This is an appeal from a judgment entered in the District Court of St. Louis County. The district court, after a full hearing, ruled that by reason of her status as named beneficiary, defendant, Bernadine Schwarz, was entitled to the entire proceeds of two insurance policies in the name of her deceased husband. Judgment was entered accordingly, and plaintiffs appealed. We reverse.

At the time of his death, decedent was the named insured under...

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