Rossetti

Rossetti v. Hill

Good Law
161 F.2d 549·172 A.L.R. 638·1947 U.S. App. LEXIS 2792
United States Court of Appeals for the Ninth CircuitMay 8, 1947No. 11235California1,721 words

Opinion

Lead Opinion

Stephens, J.

A sum of money ($10,060.00), the face sum of a life insurance policy, including certain incidental benefits, is on deposit with the district court registry awaiting distribution to the rightful owners. In an interpleader suit, instituted by the Northwestern Mutual Life Insurance Company, the court awarded the money to Peter B. Hill, Joanne Hill and Patricia Hill Harder, who will hereinafter be referred to as the Hill Children. The Hill Children are not the children of Genevieve Borlini Hill, but are the children of insured by a former wife. Co-executors of the estate of Genevieve Borlini Hill, widow of the insured, appeared in the action, claiming the money for the estate. They appeal.

George A. Hill, Jr. (insured), died, and 39 days thereafter his widow, Genevieve *550 Borlini Hill, who was named the direct beneficiary in the insurance policy, died, The Hill Children were named in the policy as contingent beneficiaries. Proof of death of the insured had been furnished the insurance company prior to Mrs. Hill’s death,, but she died without making an election as to whether she would take the insurance benefits in a lump sum or, in lieu thereof, to select payments through options…

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