Willie A. Davis v. Aetna Life Insurance Company, Charles S. Swanegan, Daisy Swanegan, and Lloyd W. Swanegan, as Administrator

Appellant appeals from a summary-judgment rendered by the district court denying appellant’s claim to the proceeds, of two insurance policies on the life of his wife.

Diversity of citizenship exists between the parties and the amount in controversy, exclusive of interest, exceeds the required statutory amount. The district court had jurisdiction under Title 28 U, S.C.A. § 1332. This Court’s jurisdiction to review the judgment rests on Title 28 U.S.C.A. §§ 1291 , 1294.

At the time of her death the wife of the appellant was the insured under two policies of insurance issued by the Aetna Life Insurance Company on her life. The appellant was the designated beneficiary in both policies. In one policy it was provided that in the event the designated beneficiary should pre-decease the insured, the insured’s parents were to be the recipients of the proceeds of such policy. In the other policy it was provided that in the event that the designated beneficiary should pre-decease the insured the proceeds of such policy were to be paid to the estate of the insured.

On November 23, 1956, appellant killed his wife. Thereafter he pleaded guilty to the crime of voluntary manslaughter before the…