Jackman v. Equitable Life Assur. Soc. of United States

JONES, Circuit Judge.

This appeal grows out of a suit in the District Court of the United States for the Eastern District of Pennsylvania upon a policy of life, insurance issued by the defendant company. The defendant, admitting liability, paid the net proceeds of the policy into court under a decree of interpleader. All claimants to the fund were made, or duly became, parties to the suit which was tried to the court below upon stipulated facts. The trial court awarded the fund to the insured’s executrix on the theory that, under the circumstances shown, there was a resulting trust in respect…