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Try CasePortal for FreeJ. Hornsby grants summary judgment to the estate of the decedent’s mother, and against his living brother, awarding a total of $480,000 insurance annuity payments to her estate. The living brother is a tertiary beneficiary; however, absent express language in the annuity to the contrary, if a primary beneficiary dies after the insured, but before all proceeds are paid to her, the estate of the primary beneficiary, not a secondary or tertiary beneficiary, is entitled to the proceeds. There was no such express language in the annuity contract or other relevant documents, so the estate of the mother is entitled to all remaining payments due under the annuity.