Franck v. Equitable Life Ins. Co.

SANBORN, Circuit Judge.

The Equitable Life Insurance Company of Iowa on March 9, 1951, issued to Minnie E. Hyland a refund annuity contract, called a “supplementary contract.” By its terms, she was to be paid during her lifetime $62.-25 monthly, and if at the time of her death the total of the monthly payments made to her did not equal $7,437.67, the value of a matured policy, her niece, Helen H. Franck, was thereafter to receive the monthly payments until the $7,437.67 was exhausted. The contract also gave to Helen H. Franck, as the contingent beneficiary, the right to withdraw the commuted…