Levell

This is an appeal on the judgment-roll from a judgment in favor of defendant and respondent, The Metropolitan Life Insurance Company. From the findings it appears that on or about December 1, 1925, respondent insurance company issued to one James Levell a policy of insurance upon his life for #1,000 payable to his mother as beneficiary; that on or about December 31, 1925, James Levell married the plaintiff and appellant, Mattie Fern Levell, and they continued to be husband and wife until December 20, 1927 upon which date James Levell died; that all premiums upon this policy of insurance were paid from the community funds of appellant and James Levell; and that on December 21, 1927, respondent insurance company paid the sum of $1,000 due under the policy to the mother of James Levell as beneficiary, without any notice or knowledge that appellant was the wife of James Levell or claimed any interest in the proceeds of the policy.

It is appellant’s contention that by the adoption of section 161a of the Civil Code in 1927 (Stats. 1927, p. 484) she acquired a vested interest in the community property including this policy of insurance and that the payment of the principal sum of the…