Dee v. Kansas City Life Ins. Co‪.‬

Appellee filed its bill of interpleader under subsection 26 of section 41 of title 28 of the United States Code (44 Stat. 416, 28 U.S.C.A. § 41 (26), providing for bills of interpleader, against appellant Dee and one Dusky. The bill alleged that one Ernest Dusky, divorced husband of appellant, who died on November 9, 1935, held at that time a policy previously issued upon his life for $2,500; that appellant, the wife of the insured, was named therein as beneficiary; that the insured did not reserve the right to change such designation; that appellant made many, if not all, of the payments of premiums on the policy; that in 1931 she was granted a divorce from the insured; that on September 19, 1933, appellee received from the insured "notice of change of beneficiary," requesting that the beneficiary be changed to Byron L. Dusky; that appellee refused to make the change without the consent of the beneficiary and that the amount due on the policy after payment of certain loans was $2,098.48, which amount had been paid into court. The further averment was that each of the parties was claiming a right to recover upon the policy.