Teacher Retirement System v. Duckworth

*634On the Merits.

BOYD, Justice.

W. W. Lackey, a retired school teacher, elected to receive his retirement allowance under Art. 2922-1, § 5, subd. 7, R.C.S., Vernon’s Ann.Civ.St., known as the Teacher Retirement Act, which provides that any member may “ * * * elect to receive his membership annuity in an annuity payable throughout life, * * He died June 28, 1952, and the last annuity payment made to him was for the month of May.

In this suit appellee Elva Duckworth, for herself as sole beneficiary under the will of W. W. Lackey and as independent executrix of his estate, seeks to recover from the…