Nixon v. Life Insurance Company of Virginia

In the opening statement appellant twice specifically denied that she was a creditor of the estate. Furthermore, she made no claim that the policies had been assigned, pledged or donated to her either formally or otherwise. Her only claim to the proceeds of the policies was stated by her counsel as follows: “On behalf of Mrs. Nixon we claim the proceeds of each of these policies under the provision of the facility of payment clause, which states that payment may be made to any person equitably entitled thereto. * * * we feel that *309Mrs. Nixon is the primary person under this facility of payment…