Virginia K. Bower v. Mable Claire Bower

Virginia K. Bower is the surviving wife of the late Joseph E. Bower of Great Falls, Montana. Mable Claire Bower is his former wife who obtained a divorce from him in the state court at Great Falls on October 24, 1946.

At issue here in this diversity of citizenship interpleader case is approximately the sum of $10,000, being the proceeds of a single premium payment life insurance policy written by the Western Life Insurance Company. The first wife after the divorce became a citizen of Texas and the second wife remains a citizen of Montana. (For economy, the parties will be referred to by their given names.)

Mable and Joseph on August 15, 1946, entered into a property settlement agreement to which there was a simultaneous supplemental agreement between the two. Both agreements were in contemplation of divorce. The agreements, inter alia, provided that Mable, already the beneficiary, should be maintained the bene ficiary on the subject policy in event of his death prior to her death. Under the contract with the insurance company, Joseph had the reserved right to change the beneficiary.

At a date after October 24, Joseph married Virginia. In violation of his written agreement of…