Waring

Appeal by plaintiff from a judgment of the superior court of Los Angeles county and from an order denying a new trial.

It is made to appear by the record that each of the parties plaintiff and defendant originally instituted actions against the Pacific Mutual Life Insurance Company, successor to the Conservative Life Insurance Company, upon a certain policy of insurance theretofore issued by said insurer upon the life of Jesse Manley Wilcox; that thereafter, by order of court made pursuant to a stipulation, these actions were consolidated, and the insurance company deposited in court the amount of the policy, and, by appropriate pleadings, the rights of the plaintiffs and defendants to such fund were set out and litigated in such consolidated action.

Upon the trial it was found by the court that the policy of insurance was executed and delivered to Jesse Manley Wilcox on the twenty-sixth day of June, 1905; that the defendant Inez C. Wilcox, mother, was named therein as the beneficiary but that the policy contained a clause conferring upon Jesse Manley Wilcox the right to change the beneficiary; that said policy was delivered by the insured to Inez 0. Wilcox, his mother, with the…