Crowe v. Dobbel
Synopsis
Life Insurance—Husband and Wife—Separate Property—Husband’s Eights as Heir.—An insurance policy on the life of the husband, made payable to his wife, her executors, administrators, or assigns, is the separate property of the wife, and, upon her death before the death of the husband, the husband becomes entitled thereto only as the heir of the wife.
Id.—Action by Administrator of Husband—Common Property.—The administrator of the deceased husband cannot maintain an action against the estate of the deceased wife to recover the amount of such insurance policy paid according to its terms to the administrator of the deceased wife, on the alleged ground that the policy was the common property of the husband and wife.
Id.—Case Affirmed.—Estate of Dobbel, 104 Cal. 432, affirmed.
The Court. The judgment filed in this case on December 31,1894, reversing the judgment appealed from, was entered through inadvertence, and the same is therefore vacated and set aside; and now, upon the authority of the case of the Estate of Dobbel, 104 Cal. 432, the judgment of the court below is affirmed.
Hearing in Bank denied.
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