Estate of Castagnola

This is an appeal from a portion of a decree of final distribution in the estate of David Castagnola distributing to the father and mother of his predeceased wife the proceeds of a certain insurance policy taken on his life during coverture. The appellants are the father and mother of the insured husband.

David Castagnola, the insured husband, with his wife and daughter, constituting the entire immediate family of the insured, were all found dead at one time. The parties to this proceeding, assuming that the provisions of subdivision 40 of section 1963 of the Code of Civil Procedure applied, stipulated that the minor child, being under the age of fifteen, died first; that the wife, being between the ages of fifteen and sixty, died next, and that the husband, being of about the same age as the wife, was the last to survive. The death of these three occurred on July 16, 1922, and all died intestate. On June 15, 1920, David Castagnola, the husband and father, procured a policy of insurance on his life in the sum of three thousand dollars. This policy was what is termed “a twenty-payment life policy,” requiring twenty full annual payments. It also provided that three full annual…