Carter v. First Nat. Bank of Opp

FOSTER, Justice.

T. T. Gardner executed his will August 25, 1927, in which it is provided: “Paragraph 4. I have applied for $2,000 in insurance with my daughter as beneficiary, and it is my will that she receive the proceeds thereof in lieu of any other, bequest by me.”

This daughter is appellant here, and was then the testator’s only child. The policy of insurance was dated August 3, 1927, and in it appellant was named as sole beneficiary. Another child was born to testator, but he made no change in his will, which in no way provided for such a contingency. The policy of insurance contained a…