Alleen S. Mildren, and Donald Lee Mildren v. Jessie Mildren

Paul Mildren, now deceased, purchased from the Mutual Life Insurance Company of New York five life insurance policies which were in force and effect at the time of his death.

A controversy arose as to whom the proceeds of the insurance policies should be paid. The insurance company, as a protective measure, brought an inter-pleader and declaratory relief action in which Alleen S. Mildren (Paul’s former wife), Donald L. Mildren and Paul Mil-dren, Jr. (children of Paul and Alleen), and Jessie Mildren (mother of Paul) were made defendants.' ■ The insurance company deposited with the registry of the Court the entire'proceeds of the insurance policies. Cross-complaints were filed by the several defendants, each claiming an interest in the proceeds. The District Court found in favor of Jessie Mildren, mother of the deceased, and ordered the balance of the money in the registry of the Court paid to her.

On January 28, 1948, Paul had transferred to his wife, Alleen, as her separate property their home and all of the personal property in it. Shortly thereafter Paul delivered custody of the life insurance policies to Alleen.

On April 8, 1953, the Superior Court in and for San Bernardino…