Whitesell Funeral Home, Inc. v. Bryant-Grant Funeral Home, LLC

Full title: Whitesell Funeral Home, Inc., Plaintiff, v. Bryant-Grant Funeral Home…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION

C/A No.: 0:15-4237-TLW-SVH

Date published: Nov 22, 2016

Fact:

Whitesell Funeral Home, Inc. (the “Plaintiff”) filed an interpleader action concerning a life insurance policy issued to Sanford Bryson (the “Decedent”) in the amount of $6,000. The Plaintiff named Bryant-Grant Funeral Home, LLC, Wayne Bryson, Diane Moss, Denise Williams, and Trisha Bigham as defendants (“Defendants”), as they all had or potentially had claims to the insurance funds. The Plaintiff sought to deposit the proceeds of the policy into the court and be relieved of liability. Despite no opposition from any party, the court granted the Plaintiff’s motion and ordered the funds to be placed into the court’s registry for later determination.

Issue:

The issue before the court is to determine which of the Defendants are entitled to the proceeds of the insurance policy.

Decision:

Based on the absence of opposition from any party and the claims filed by the Defendants, the court recommended to the presiding District Judge that the funds from the policy be distributed equally among the individuals claiming an interest. It recommended that Trisha A. Bigham, Denise Bryson Williams, and Wayne Bryson each receive $2,000 from the policy. Additionally, the court recommended granting the Plaintiff’s request to be dismissed from the action. The recommendation was made by the United States Magistrate Judge, and the parties were given notice of their right to file objections to the recommendation.

Conclusion:

The court recommends distributing the funds from the policy equally among the claiming individuals and granting the Plaintiff’s request for dismissal from the action. The parties were notified of their right to file objections to the recommendation.

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