Simonds v. Simonds

380 N.E.2d 189 (1978)

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Nature of the Case

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Facts

Mary, W1, sought to impress a constructive trust on the proceeds of a life insurance policy on her ex-husband’s life. The proceeds had been paid to the named beneficiaries, which were Reva, W2, and their daughter Gayle. W1 asserted a superior equitable interest arising out of a provision in her separation agreement with her ex-husband. The separation agreement required the husband to maintain in effect with W1 a life insurance policy to her benefit for at least $7,000. Less than two months after the divorce decree with W1, husband married W2 with their daughter Gayle being born a few months later. The initial policies that guaranteed compliance with the divorce lapsed. Subsequently, husband had acquired 3 policies in excess of $55,000, none of which named W1 as a beneficiary. At the time of his death, the husband had continuously violated the separation and divorce agreements. Partial summary judgment was given W1 and a constructive trust of $7,000 plus interest on the life insurance policies because the estate insolvent. The Appellate Division affirmed. W2 appealed.