The Equitable Life Assurance Society of the United States v. Mary E. Jones, and Melva Lee Jones Homens

HARRISON L. WINTER, Chief Judge:

In an action of interpleader to determine which of decedent’s two wives was entitled to the proceeds of his life insurance policy, the district court granted summary judgment to the second wife. It was the district court’s view that the claim of the first wife, if any, was solely against the estate of the decedent.

We reverse and remand for further proceedings.

I

The facts in this case are undisputed. When Alfred McClemen Jones died October 7, 1980, there was outstanding on his life a group policy of life insurance in the amount of $16,500, procured by his…