Smith v. Smith

HULEN, District Judge.

Memorandum Under Rule 52, Federal Rules of Civil Procedure, as Amended, 28 U. S.C.A. following section 723c.

Plaintiff by complaint in two counts seeks judgment for $5,171.61, proceeds of an insurance income certificate issued to Charles R. Smith. Defendant was. named contingent payee in the income certificate and on death of Charles R. Smith received from the insurance company the amount here in controversy in settlement of the income certificate. Plaintiff bases her claim on the terms of a will executed by Charles R. Smith under the provisions of which, it is alleged,…