Fidelity And Casualty Company Of New York v. Mahoney

71 Cal.App.2d 65 (1945)

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Nature of the Case

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Facts

Mahoney, Sr. purchased an airplane-travel accident insurance policy from P and mailed it to the beneficiary named therein, J. B. Mahoney, Jr., a sixteen-year-old son by a former marriage. The plane crashed, and Sr. was killed. W and Sr. had been married about two months preceding the airplane accident. They were domiciled in California. W made a demand on the insurance company for one-half the proceeds of the policy on the ground that the policy was purchased with community property. P filed this action in interpleader and deposited in court $4,989.50 (being the amount of the policy less $ 10.50 for costs) W claimed the premium was paid from community property funds and that W was entitled to one-half of said $5,000. Jr., alleged that he was the beneficiary named in the policy; that the $5,000 was not community property; that the policy was purchased with the separate property of Sr. The court found that the $5,000 was not community property and W had no right, title or interest and that the policy was purchased with the separate property of Sr. W appealed.