Anderson v. Anderson

On Motion for Rehearing

SMITH, Justice.

The opinion filed on May 28, 1981, is withdrawn and the following opinion is substituted.

This is a suit to set aside two change of beneficiary designations executed by Wesley Gene Anderson, deceased, and to determine the ownership of the proceeds of a $1,500 check written by the deceased. The trial court, based on jury findings, set aside the beneficiary designations and awarded the proceeds of the check to the deceased’s estate.

In April, 1975, Wesley Gene Anderson, a single man, was informed he had terminal lung cancer. He forthwith had a will prepared…