Snyder v. Snyder

Opinion

SONENSHINE, J. Shirley Snyder, former wife of decedent Gordon Snyder, appeals a declaratory judgment rendered in favor of Gordon’s widow, Alexandra. We affirm.

Shirley and Gordon Snyder were married in 1964. One son, Michael, was born in 1965. Gordon also adopted Carrie, Shirley’s daughter from a prior marriage.

In 1971 Gordon named Shirley as beneficiary of a defined contribution savings plan with Rockwell International, his employer. The parties separated in 1976, and on January 11, 1979, pursuant to stipulation in open court, an interlocutory judgment of dissolution of marriage was entered. The Rockwell savings plan, the subject of this appeal, was awarded to Gordon as his separate property.

Gordon married Alexandra on December 1, 1979. He executed a will on October 19, 1981, and died the following May. He had never changed the [8]beneficiary designation of the Rockwell savings plan which, at the time of his death, was worth approximately $82,000.1

The will acknowledged Gordon’s marriage to Alexandra and his prior marriage to Shirley,2 and also disinherited his adopted daughter, Carrie. It provided for all of his personal property, and his 50% interest in his home, to be divided equally between Alexandra and his son, Michael. The will did not specifically mention the Rockwell savings plan but a residuary clause left all other property to Alexandra.3

Alexandra, as executrix of Gordon’s estate, filed an action for declaratory relief against Rockwell and Shirley. Her first amended complaint4 sought a declaration that the savings plan was the property of the estate.

At trial Shirley testified she and Gordon never discussed the savings plan after entry of the interlocutory judgment. Nor is there evidence Gordon instructed Rockwell to change the beneficiary designation.5

[9]The trial court ruled in Alexandra’s favor. Its formal order states: “Evidence having been taken and argument having been heard and submitted to the court, the court concludes, and orders, that Rockwell International Corporation, as the holder of the proceeds of the Rockwell Savings Plan provided decedent Gordon W. Snyder, is ordered to remit those proceeds to the executrix for the estate of Gordon W. Snyder. The court finds that Shirley Snyder, the decedent’s prior spouse, has no right, title or interest in the savings plan proceeds. . . . [fl] The court’s letter of ruling dated June 23, 1986 is incorporated herein by reference thereto.”6