Metropolitan Life Insurance Company v. Wenckus

WILLIAMSON, Chief Justice.

This complaint of interpleader by a life insurance company is before us on appeal upon an agreed statement of facts from the judgment of the Superior Court that the contingent beneficiary, mother of the deceased insured, is entitled to the proceeds of the policy. The appeal is denied. M.R. C.P., Rule 76 (now Rule 74(r)).

The beneficiaries named in the policy are the wife by name, now the widow, “but if such Beneficiary (ies) shall not be living, to the following Contingent Beneficiary (ies), Josephine Park, Mother.” The insured was killed by his widow, who pleaded…