Horning v. Lindsay

WILBUR K. MILLER, Associate Justice.

This appeal requires us to decide between conflicting claims to the proceeds of a policy of insurance on the life of James Burns Homing. By the terms of the policy, which was issued January 12, 1926, the insurer agreed to pay, upon receipt of due proof of the death of .the insured, the sum of $5,000 to “his wife, Mary Margaret Horning, if living; otherwise to his executors, administrators or assigns.”

Mrs. Horning died in November, 1945. Her husband lived some sixteen months thereafter, and died without having changed the language of the beneficiary clause…