Follenfant v. Rogers

HUTCHESON, C. J.: This suit, an interpleader action under 28 U.S.C. Section 1335, was brought to determine the ownership of one-half of the proceeds of a life insurance policy issued to, and insuring the life of, Lucien T. Rogers. Mrs. Mary H. Rogers, widow of the now-deceased Lucien T. Rogers, claims the disputed proceeds as the original sole beneficiary of the policy; Henry Follenfant claims the disputed proceeds under a Change of Beneficiary purportedly executed by Rogers shortly before his death. The court below ruled that the evidence failed to establish that Rogers either executed or authorized the Change of Beneficiary under which Follenfant claims and entered judgment for Mrs. Rogers. We find no error in the district court's decision and accordingly affirm.