Primofiore

Flora Primofiore, putative spouse of decedent Vasco Primofiore, and Ronald McCullough, her son and heir at law, appeal from the findings and order filed June 11, 1976, which found that, by virtue of the fact that the insured decedent met his death at the hands of appellant Flora under circumstances resulting in a conviction of voluntary manslaughter, neither appellant was entitled to succeed to or be permitted to receive any portion of the insurance proceeds paid into court by Aetna Life Insurance Company. The portion of the proceeds at issue were ordered paid to respondents Dino Primofiore and Gina Primofiore Roberts, the son and daughter of decedent Vasco.

The facts of the case are not disputed. Respondents Dino Primofiore and Gina Primofiore Roberts are Vasco’s children by his marriage to Frances. Frances obtained an interlocutory decree of divorce in January 1956; the parties thereafter reconciled and resided together until the latter part of 1957, when they again separated. No final decree of divorce was ever entered.

Vasco was employed by Pacific Lumber Company which had a group insurance policy for its employees. The premiums were paid by Pacific. On July 26,…