Meherin v. Meherin

DORAN, J.

This is an appeal from the judgment; the record on appeal is the judgment roll only.

The facts as recited in appellant’s brief are as follows:

“The defendant, Florence Meherin and decedent, John B. Meherin were married on June I, 1916, at Bakersfield, California.

“That said John B. Meherin died on or about December 2, 1944 leaving said Florence Meherin as his surviving widow.

“That on or about the 28th day of August, 1918, the Metropolitan Life Insurance Company issued its policy of insurance on the life of said John B. Meherin and agreeing to pay on receipt of due proof of the death of said insured, the sum of

[597]

$1,000.00 to the beneficiary named therein, Florence Meherin, the wife of said John B. Meherin.

1 ‘ That at all times since said policy of insurance was issued, and at the time of the death of said John B. Meherin, said Florence Meherin, wife of decedent, was the named beneficiary of said policy of life insurance herein referred to.

“That the Metropolitan Life Insurance Company paid the sum of $1,324.18 into Court as proceeds of said insurance policy and the action as to said company was dismissed.

“That on or about the 28th day of July, 1942, said John B. Meherin and said Florence Meherin entered into an agreement settling their rights as to their community property and creating a division of the same, by the terms of which the policy of insurance herein involved was assigned to John B. Meherin.

“That the portion of the agreement by which said policy of insurance was assigned to John B. Meherin reads as follows:

“ ‘ 1. The wife hereby released to the husband and he shall be entitled to all the interest in and to that certain insurance policy with the Metropolitan Life Insurance Company, bearing the number 918996-7-C, and the wife does hereby grant, assign and sell to the husband all of her right, title and interest in and to said policy and the interest and benefits therein. Wife further agrees to execute any instrument or documents required by the husband or the Metropolitan Life Insurance Company to carry out the intention of this paragraph.’