EQUITABLE LIFE ASSUR., ETC. v. JONES

No. 81-1607.

679 F.2d 356 (1982)

The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Plaintiff, v. Mary E. JONES, Appellee, and Melva Lee Jones Homens, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 27, 1982.

Rehearing Denied July 26, 1982.


Attorney(s) appearing for the Case

A. Ronald Rubin, Baltimore, Md., for appellant.

Alexander Stark, Baltimore, Md., for appellee.

Before WINTER, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.


HARRISON L. WINTER, Chief Judge:

In an action of interpleader to determine which of decedent's two wives was entitled to the proceeds of his life insurance policy, the district court granted summary judgment to the second wife. It was the district court's view that the claim of the first wife, if any, was solely against the estate of the decedent.

We reverse and remand for further proceedings.

I.

The facts in this case are undisputed. When...

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