Gunn

In this appeal we must decide whether decedent’s surviving spouse is entitled to share in the proceeds of decedent’s retirement fund with the designated beneficiaries, decedent’s children of a former marriage.

The facts are undisputed. In June 1971, decedent, Norman Gunn, a commercial pilot for United Airlines, was divorced from his former wife, Margaret. Under the terms of their property settlement agreement, Norman was awarded his vested interest in the United Airlines retirement fund subject to a proviso that he designate their four sons as beneficiaries of the fund in the event of his death. Norman thereafter complied with the terms of the provision.

Eleven days after the divorce became final, Norman married appellant (Elise). On June 9, 1977, Norman died. During his marriage to Elise, Norman’s retirement fund increased in value to $84,465.

Following United Airlines’ refusal to pay her any portion of Norman’s retirement fimd, Elise brought the present action for declaratory relief. At trial, Elise testified that though she was aware of the agreed designation of Norman’s sons as such beneficiaries, Norman told her the purpose of the designation was to assure his…