Fields

W. C. Fields, the comedian, died December 25, 1946. By reason of his death, the Penn Mutual Life Insurance Company became liable upon a single premium life insurance policy which Fields had purchased from the company on March 8, 1934. The company paid one-half of the proceeds of this policy to the designated beneficiaries, Walter Fields and Adel C. Smith, appellants herein. Because the comedian’s wife, Harriet V. Fields, with whom he had not lived since 1907, claimed half the proceeds of the policy by virtue of Sections 163, 164 and 172 of the California Civil Code, the company filed its complaint in interpleader against the designated beneficiaries and Mrs. Fields, and paid the balance of the proceeds of the policy into the registry of the court. Jurisdiction is based upon the diversity of citizenship of the parties.

Both appellants and appellees answered claiming the sum, appellants contending that the premium was paid from the separate property of Fields while appellee contended that it was paid from the community earnings of the decedent and herself.

The trial judge found that the earnings and, consequently, the money paid for the policy, were the community property of…