Schaffer v. City of Marietta

Andrews, Judge.

The City of Marietta brought this interpleader action to determine who was entitled to Howard Schaffer’s retirement benefits after his death. His widow, Virginia Schaffer, contends the survivor’s benefits are payable to Howard Schaffer’s estate, and his brother, Bud Schaffer, claims he is the beneficiary. After a bench trial, the court found Mrs. Schaffer, as remainder beneficiary under the will, was entitled to the benefits, and Bud Schaffer appeals.

The underlying facts in this case are undisputed. Howard Schaffer, as an employee of the City of Marietta, participated in a…