Gholson v. Smith

This appeal involves the right of a beneficiary in a life insurance policy to claim the proceeds upon the death of insured caused by the act of the beneficiary.

Appellee is the widow of Kirby Smith who was shot to death by her. The appellant is the mother of deceased and, except for the widow, is his sole heir. Claims having been made by both parties to the proceeds of two policies, the insurance company paid the sums into court and impleaded the rival claimants. The policies are omitted from the record, by agreement, and we must assume that they contain no contractual provisions which would…