Moss

Equitable Life Assurance Society of' the United States commenced an interpleader action by filing a complaint which alleged that the proceeds of a group life insurance policy insuring the life of Mary Warren were the subject of conflicting claims. Specifically, plaintiff insurer alleged that Mary Warren had died in September 1967, and that the sum of $13,800 was payable under the insurance policy. The named beneficiaries under the insurance policy, defendants David L. Moss, David P. Moss, Gail Anne Moss and Lynne Marie Moss, claimed a right to the proceeds of the policy, but defendant Gordon Warren, the brother of Mary Warren, asserted a conflicting claim to the funds in question. Plaintiff prayed that the de fendants be required to interplead and settle among themselves their rights to the $13,800.

The case was tried by the court, sitting without a jury, and the following evidence was produced: In February 1964, Mary Warren married David L. Moss. Mr. Moss had three children by a prior marriage, David P. Moss,' Gail Anne Moss and Lynne Marie Moss. Following the marriage of Mary Warren and David L. Moss, David’s three children resided with them, and a close relationship…