John Hancock Mutual Life Insurance v. Willis

McCREE, Circuit Judge.

This appeal presents the question whether summary judgment should have been granted in favor of the children of Chester Willis and against Gertrude Taylor Willis, who claimed the proceeds of a life insurance policy as his widow. We determine that this disposition was erroneous and we reverse and remand.

In 1937, Chester Willis married Gertrude Taylor in East Carroll Parish, Louisiana. In 1955, Chester and Margaret Willis were pronounced husband and wife in a ceremonial marriage in Toledo, Ohio. No record of a divorce between Chester and Gertrude has been produced in this…