State Farm Mutual Automobile Insurance v. Schultz

SPAETH, Judge:

Appellant, the executrix of the estate of Mary D. Terrell, has filed two appeals in this court. Both appeals arise from a declaratory judgment proceeding brought by the decedent’s insurer to determine the proper payee of benefits payable under the terms of the decedent’s insurance policy. The appeals have been consolidated, and this opinion will dispose of both.

The first order from which appellant appeals holds that appellee, Mary Terrell’s husband, is the proper payee. That order was entered by the clerk of the lower court on March 27, 1979. 1 Appellant, however, did not file…