Rose

This is an action in interpleader wherein plaintiff, New York Life Insurance Company, required the two defendants to litigate their respective claims to the proceeds of a certain policy of life insurance issued to Joe L. Rose. The insurance company deposited the proceeds of the policy, less certain expenses, and was discharged. The trial was had upon the cross-complaint of Mary S. Rose and the answer thereto filed by Tony S. Rose. Judgment went to Mary S. Rose, from which Tony S. Rose appeals under the provisions of section 953a of the Code of Civil Procedure.

The facts of the case as found by the trial court are that on July 8, 1919, the insurance company issued its policy of insurance upon the life of Joe L. Rose in the sum of two thousand dollars. His mother, Mary S. Rose, and her husband were named the beneficiaries. On October 17, 1921, the insured requested the insurer to substitute Tony S. Rose, an uncle of the insured, as sole beneficiary and the change was duly indorsed upon the policy by the insurer. The policy so indorsed was then delivered by the insured to the new beneficiary, who kept it in his possession. Thereafter, and on December 20, 1922, the insured desired to…