Polk

This is an action by plaintiff, Alice Polk, to recover the proceeds of insurance upon the life of her husband, Percy Polk, under a group life insurance policy issued by defendant The Equitable Life Assurance Society of the United States to defendant Colgate-Palmolive Company, in which action the insurance company cross-complained to interplead the parties claiming the proceeds thereof, namely, Alice Polk and defendant Charles Polk.

The trial court sitting without a jury awarded plaintiff $1,400 as her community interest in the total proceeds of $6,800, and the balance thereof to Charles Polk. Plaintiff appeals from the judgment entered by the court and from the order denying her motion to vacate the judgment and enter a different one.

Alice Polk (hereinafter called Alice), married Percy Polk (hereinafter called Percy), on November 29, 1947. At the time of his marriage and until his death Percy was an employee of Colgate-Palmolive Company (hereinafter called Colgate). The Equitable Life Assurance Society of the United States (hereinafter called Equitable), issued a group life insurance policy to Colgate insuring the lives of eligible employees. Pursuant to said group policy Percy…