Connecticut General Life Insurance Co. v. Hartshorn

238 F.2d 417 CONNECTICUT GENERAL LIFE INSURANCE CO., Plaintiff in Interpleader, v. Kathryn Penn HARTSHORN, Appellant, J. P. Hartshorn, as Administrator of the Estate of Owen M. Hartshorn, Deceased, Appellee. No. 14869. United States Court of Appeals Ninth Circuit. Nov. 2, 1956. Rehearing Denied Dec. 28, 1956. Bertram J. Brown, Francis J. Maher, San Diego, Cal., for appellant. Joseph L. Fainer, Paul H. Wayte, Los Angeles, Cal., for appellee. Before STEPHENS, FEE and CHAMBERS, Circuit Judges. STEPHENS, Circuit Judge. 1 This action arose out of conflicting claims to the proceeds of a group life insurance policy in the amount of $10,000.00 issued by the Connecticut General Life Insurance Company on the life of Owen M. Hartshorn, now deceased. 2 The action was filed by the insurance company as an action in interpleader under Section 1335 of Title 28 U.S.C.A. The proceeds of the policy rest in the registry of the court, the insurance company raising no objection to the payment thereof to the party held entitled thereto. The policy in suit was held by the District Court to be payable to the estate of Owen M. Hartshorn. Kathryn Penn Hartshorn, who is here appealing, is the divorced wife…