Carter v. Carter

88 So. 2d 153 (1956)

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Carter v. Carter

Florida Supreme Court
88 So. 2d 153 (1956)

RW

Facts

Ruby Carter (plaintiff) shot and killed her husband, Hunter Carter Jr. Although Ruby was the named beneficiary of Hunter’s life-insurance policy, Ruby faced disqualification under the so-called murdering-heir or slayer rule that one who unlawfully and intentionally kills a named insured cannot take under the victim’s insurance policy. Ruby initially pleaded guilty to manslaughter but later withdrew that plea and was tried for and acquitted of second-degree murder. Hunter’s insurer sued in interpleader to determine whether Ruby, Hunter’s father (defendant), who was also the policy’s designated contingent beneficiary, or the administrator of Hunter’s estate (defendant) should receive the proceeds of Hunter’s life insurance. The court dismissed the insurer as a party, and the case continued as an action between Ruby, the father, and the estate administrator. The trial court denied Ruby’s motion for summary judgment, and Ruby appealed to the Florida Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Thornal, J.)

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