Sams v. EQUITABLE LIFE ASSUR., ETC.

This is an appeal from an order setting aside a default judgment, and an order awarding the proceeds of a life insurance policy to the appellee, Iris Holmes. We affirm.

The pertinent facts are as follows: On March 13, 1977 George Sams died. George Sams had in effect at the time of his death a life insurance policy in the amount of $6,000. The beneficiary of the policy was Iris Holmes. Holmes had lived with George Sams approximately two years prior to George Sam's death. The two were never married.

Tommie Sams was George Sams's brother. Tommie apparently believed that George had made him the…