Nash v. Tinch

Nichols, Chief Justice.

This appeal is from an order dismissing the appellant’s petition for failure to state a claim. The petition alleged that Joe Ella Tinch was a school teacher for the City of Atlanta and as such had certain assignable rights in the pension fund of the city if she died before retirement. She named her mother, Pauline Armstrong, who was then living, as beneficiary of these funds. Her mother died in 1956 and Joe Ella Tinch had failed to name any other beneficiary prior to her death in 1974. The pension funds were paid to the estate of Joe Ella Tinch and passed to her husband…