Luckman

Interpleader was filed under section 41, subdivision (26), title-28 U.S.C.A., by the complainant, claiming to be the holder of a fund due under a certificate of life insurance issued upon the life of one Webber (designated beneficiary being Francis George Newing) ; that before the fund was paid to the beneficiary designated, Francis George Newing died; that suit was begun in the state court by the two first-named defendants to recover this fund, and court action threatened by the other defendants; and that the claimant states it was unable to determine to whom the fund was lawfully due, and has presented the fund to this court for distribution to the rightful claimant. Process was duly issued, and all of the above persons named in the bill of interpleader served. All defaulted, and default was duly entered, except as to Emily Luckman and Mary Ann Stiles.

The only issues for the court to determine are the taxation of costs and the allowance of attorney’s fees to the interpleader.

*40 While the statement is made in the bill of interpleader that Emily Luckman and Mary Ann Stiles have prosecuted an action in' the state court upon the certificate of insurance, claiming to be the…