Wilhoit v. People's Life Insurance Compan

218 F.2d 887 (1955)

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Nature of the Case

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Facts

Testatrix was the beneficiary of a life insurance policy in which her husband was the insured. She received the proceeds of the policy after her husband's death. Under a proposal which she submitted to the company, which differed significantly from a provision in the policy regarding the investment of proceeds, she deposited the proceeds with the company to be held in trust for her brother. The brother later died, leaving his entire estate to Owens (D). Testatrix did not change the designation of her brother as trust beneficiary with the company. However, in her will, she identified the fund and bequeathed it to Wilhoit (P). After testatrix's death, the company refused to give P the funds, and he sued to recover them. The lower court granted P's motion for summary judgment without opinion. Defendants, the insurance company and Owens appealed.