The opinion of the court was delivered by: WEBER
[EDITOR'S NOTE: The following court-provided text does not appear at this cite in 448 F. Supp.]
AND NOW, this 15th day of April 1978, IT IS ORDERED that Judgment be entered in favor of Judith A. Bannister, claimant, and that the funds deposited into the registry of the Court by Prudential Insurance Company of American, Interpleading Party, in the amount of $10,942.64 be paid by the Clerk as follows:
To: Judith A. Bannister, c/o Edward Orton, Esq., 33 East Main Street, North East, Pa. 16428
in the sum of: $10,611.64
MacDonald, Illig, Jones, & Britton, Esqs., 600 First National Bank Bldg., Erie, Pa. 16501
attorneys' fees and costs to the Interpleading Party: $311.00
Payment to be made after ten days from the date of this Order.
Gerald J. Weber, Chief Judge
This is an interpleader action brought by Prudential Insurance Company of America to determine contesting claims to the proceeds of a life insurance policy. The policy was issued in 1962 on the life of William E. Bannister. At the time of the insured's death, his sister Mary Lou Ahlin was the named beneficiary endorsed on the policy, and his wife Judith A. Bannister had been named beneficiary by the insured on a request for change of beneficiary form signed by the insured and presented to the company four months previously. They are the respondent-claimants in this interpleader action.
On November 9, 1974, William E. Bannister married the claimant Judith A. Bannister. On December 18, 1974, by filing a change of beneficiary form and by delivering the policy, the insured made Judith A. Bannister the beneficiary of his life insurance policy. On July 21, 1975, he again changed the beneficiary to Mary Lou Ahlin, his sister. The testimony revealed evidence of some marital discord at that time and a temporary separation, but the parties were reunited shortly thereafter and had a stable marital relationship until William's death.
On October 10, 1975, William A. Bannister was diagnosed as suffering from acute leukemia. In December 1975, he was unable to pay the insurance premiums and asked his mother, Ruth Charnicky, to pay the premium on the policy. Prior to or at that time, she received the policy document from William and ...