R. A. Haberman, Jr., Independent of the Estate of Elizabeth H. Gravis, Deceased v. The Equitable Life Assurance Society of the United States

TUTTLE, Circuit Judge.

This appeal is from a declaratory judgment holding that appellant, hereinafter called Haberman, is not entitled to restitution or refund of the consideration paid by his testatrix to appellee, hereinafter called Equitable, for a certain annuity policy, in excess of the payments already made to testatrix or her estate. The following statement of the facts and issues is adapted from the agreed statement made by the parties in accordance with Rule 76, Federal Rules of Civil Procedure, 28 U.S.C.A.

Haberman is a resident of San Antonio, Texas, and Equitable is a New York…