Gholson v. Metropolitan Life Ins.

DAWKINS, Chief Judge.

This is a controversy over the proceeds of a benefit certificate issued to John R. Wilmoth, now deceased, on the first day of January, 1940, under a group insurance policy covering employees of the Standard Oil Company of New York and its subsidiaries.

The insured was twice married. The first wife was originally named as beneficiary in 1940, but during the pendency of divorce proceedings which terminated in 1941, it was changed to his sister, Mrs. Ethel Wil-moth Roper, in whose name it stood at his death on September 3, 1947, when he was killed in an automobile accident,…