SPEARMAN V. SPEARMAN 482 F.2d 1203 (5th Cir. 1973) CASE BRIEF

SPEARMAN V. SPEARMAN

482 F.2d 1203 (5th Cir. 1973)

NATURE OF THE CASE: This was an appeal from second wife from a judgment which found that she did not qualify as the insured's lawful widow because she did not establish that appellee first wife's marriage to the insured had been terminated by either divorce or annulment.

FACTS: On his death, Edward Spearman was insured by Metropolitan Life Insurance Company for $10,000. The policy provided that, if no beneficiary were designated, the proceeds were to be paid to the 'widow' of the insured. The parties stipulated that the policy designated no beneficiary. Both defendants claimed to be his 'widow' and claimed the proceeds of his life insurance policy. Mary Spearman married the insured on October 2, 1946, in Russell County, Alabama. Two children, twin girls, were born of this marriage, and both carry the surname of Spearman. Viva Spearman married insured on June 7, 1962, in Monterey County, California. This marriage produced no offspring. Metropolitan filed an interpleader action and paid the proceeds of the policy into the registry of the District Court. The trial court found for the first wife as the second did not establish that the first wife's marriage to the insured had been terminated by either divorce or annulment.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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