Burress
Prudential Insurance v. Burress
Opinion
lead Opinion
Westover, J.
Plaintiff herein commenced an action against the above named defendants in interpleader, alleging that on or about January 29, 1952 plaintiff issued to Jack A. Burress its policy of insurance No. 32 012 770 in the face amount of $1,000, insuring the life of Jack A. Burress; that said policy of insurance when issued was delivered and designated, and presently designates, as beneficiary “Margaret A. Burress, wife of *392 the insured, if living, otherwise the children, if any, of the insured, living at the death of the insured, in equal shares or the survivor.”
Plaintiff’s complaint further alleges that Jack A. Burress died on or about April 14, 1959 and there is now due and owing on the policy the sum of $868.85, which is the face amount of the policy less an outstanding loan and interest thereon.
Plaintiff further alleges that defendant Margaret A. Burress claims to be entitled to the proceeds of said policy of insurance by reason of being designated beneficiary thereof and that defendant Charles 0. Burress claims to be entitled to the proceeds of the policy “for reasons presently unknown to plaintiff.”