Baekgaard v. Carreiro

237 F.2d 459 Phyllis BAEKGAARD, formerly Phyllis Irene Carreiro, Appellant, v. Genee M. CARREIRO, Irene G. Carreiro, Individually and as Administratrix of the Estate of George S. Carreiro, Deceased, and Wells Fargo Bank & Union Trust Company, Appellees. No. 14750. United States Court of Appeals Ninth Circuit. Oct. 3, 1956. Rehearing Denied Dec. 8, 1956. Alfred J. Smith, Cyril Viadro, San Francisco, Cal., for appellant. William T. Joyce, Palo Alto, Cal., for appellee Irene G. Carreiro. Reginald G. Hearn, San Francisco, Cal., for appellee Genee M. Carreiro. Before STEPHENS, BONE and CHAMBERS, Circuit Judges. STEPHENS, Circuit Judge. 1 This action arose out of conflicting claims to the proceeds of three life insurance policies in the total face amount of $25,000.00 issued by the New England Mutual Life Insurance Company on the life of Dr. George S. Carreiro, deceased, a resident of California at the time of death. The action was filed by New England Mutual Life Insurance Company, a Massachusetts corporation, as an action in interpleader under Section 1335 of Title 28 United States Code. The issue in the case is how shall the insurance benefits be awarded as to three women and as…