Hartshorn

Connecticut General Life Insurance v. Hartshorn

Good Law
238 F.2d 417
United States Court of Appeals for the Ninth CircuitNovember 2, 1956No. 14869California4,748 words

Opinion

Lead Opinion

Stephens, J.

This action arose out of conflicting claims to the proceeds of a group life insurance policy in the amount of $10,-000.00 issued by the Connecticut General Life Insurance Company on the life of Owen M. Hartshorn, now deceased.

The action was filed by the insurance company as an action in interpleader under Section 1335 of Title 28 U.S.C.A. The proceeds of the policy rest in the *418 registry of the court, the insurance company raising no objection to the payment thereof to the party held entitled thereto. The policy in suit was held by the District Court to be payable to the estate of Owen M. Hartshorn. Kathryn Penn Hartshorn, who is here appealing, is the divorced wife of the decedent. J. P. Hartshorn is the brother of the deceased, and administrator of the deceased brother’s estate. The brother was a party to the action below and he is here an appellee in his administrative capacity.

The appellant and the insured had known each other for nearly a third of a century. Each had married and each had lost a mate by death. They were married November 9, 1946. Evidently they experienced difficulty in adjusting themselves each with the other and on April 23, 1948, they entered into a…

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