Theus v. Bankers Health & Life Insurance

Duckworth, Chief Justice.

This action began as a petition in equity, against the beneficiary under an insurance policy and the insurance company, to enjoin payment of the proceeds of the policy to the beneficiary on the theory that the beneficiary had no insurable interest; for a declaratory judgment to avoid the necessity of the appointment of an adminis trator and the expense of administration, since the petitioners, who are the heirs of the deceased, paid for the funeral and burial expenses; to marshal the assets and distribute the same to avoid waste, to avoid a multiplicity of suits, and…