New England Mut. Life Ins. v. Grant

FORD, District Judge.

This is an interpleader suit in which the respondents Grant, beneficiaries under a policy of life insurance, move to strike from the jury list the trial of the claim of the respondents Tirey and Everett,' executor and wife respectively of the deceased, that the respondent Everett is entitled to a certain balance of the proceeds of the policy.

*193Counsel for respondents Tirey and Everett have conceded that the only theory upon which they may recover is that of a trust. They have not alleged any of the elements of a constructive trust, such as mistake, fraud, duress or undue…