EAST ST. LOUIS – Clayton Swanner can’t collect $176,000 on his mother’s life insurance because he murdered her, according to Chief U.S. District Judge Nancy Rosenstengel, but his daughter can collect it.
Rosenstengel disqualified Swanner as beneficiary on Jan. 27, and granted judgment for his daughter, a minor, as contingent beneficiary.
Swanner’s uncles prolonged the proceedings by claiming the daughter shouldn’t benefit from her father’s crime.
Swanner, 36 years old, serves a sentence of 37 years at Menard penitentiary.
He resided at Crossville in White County.
In November 2019, he started a fire in the home of his mother Cathy Brandenstein, shoved her into it, and held her there.
She died two months later.
Karen Swanner, mother and guardian of Swanner’s child, contacted Minnesota Life about the proceeds of Brandenstein’s insurance.
Brandenstein’s brother Delbert Brown also contacted Minnesota Life, claiming the proceeds for himself and brother Patrick Brown.
Minnesota Life sought guidance at district court last May.
Clayton Swanner signed a release of his all claims.
Delbert Brown objected to the release in June, not for himself and his brother but as administrator of Brandenstein’s estate.
Estate counsel Charles McGuire of Carbondale wrote that the Browns submitted a claim without advice of counsel and in error.
Karen Swanner retained Anthony Gilbreth of Columbia, who filed a cross claim against Clayton Swanner for her daughter in July.
Gilbreth attached Swanner’s release.
The Browns claimed it indicated “willful intention to ensure that his minor child will benefit from Clayton A. Swanner’s own brutal murder of his mother.”
Karen Swanner moved for entry of default against Clayton Swanner for failure to respond to the court, and the court clerk entered default.
Rosenstengel discharged Minnesota Life in November.
Karen Swanner moved for default judgment against Clayton Swanner in December, and Rosenstengel granted it.
She found Clayton intentionally and unjustifiably caused Brandenstein’s death.