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Wills, Trusts & Estates Keyed to Gallanis
Wilhoit v. Peoples Life Insurance Co.
Citation:
218 F.2d 887 (7th Cir. 1955)Facts
On November 14, 1930, Mrs. Wilhoit from her home in Indiana signed and addressed a letter to the company in the same State. The proposal contained in this letter was, on November 17, 1930, accepted by the company. Robert G. Owens, a brother of Mrs. Wilhoit and the person mentioned in her November 14 letter to the company, died January 23, 1932, and Mrs. Wilhoit died April 12, 1951, each leaving a last will and testament. The will of the former by a general clause devised all his property to Thomas J. Owens, a defendant, and was admitted to probate. The fund in controversy, deposited with the company by Mrs. Wilhoit on November 17, 1930, remained with the company continuously until the date of her death, April 12, 1951. The company refused to recognize the claim to the fund made by the executor of her estate.
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