EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES v. McKAY

837 F.2d 904 The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Plaintiff, and Carolyn McKay, a Washington resident, Defendant-Appellant, v. Harlan David McKAY, Jr., Dana Williford, and Marjorie McKay, as guardian for Sean Michael McKay, Oregon residents, Defendants-Appellees. No. 86-3614. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 10, 1987. Decided Jan. 29, 1988. James A. Trujillo, Bellevue, Wash., for defendant-appellant. Daniel E. McCabe, Aloha, Or., for defendants-appellees. Appeal from the United States District Court for the District of Oregon; Helen J. Frye, District Judge. Before WRIGHT, WALLACE and PREGERSON, Circuit Judges. OPINION PREGERSON, Circuit Judge: 1 The Equitable Life Assurance Society of the United States ("Equitable Life") brought this interpleader action to determine the beneficiary of two life insurance policies purchased by the decedent, David McKay. The district court granted summary judgment in favor of McKay's children and against his widow, Carolyn McKay, on the ground that the Washington Deadman's Statute, Wash.Rev.Code Sec. 5.60.030, required the exclusion of testimony that was critical to Carolyn McKay's…