Sandrosky
Sandrosky v. Prudential Insurance Co.
Opinion
Lead Opinion
Preston, J.
This record presents a contest between the surviving widow, Eleanor Sandrosky, and the personal representative of Simon Sandrosky, deceased, over the disposition of the proceeds of a policy of insurance on the life of the said deceased, wherein the wife is named as the sole beneficiary. She sued defendant Prudential Insurance Company for the proceeds of the policy. The Insurance Company in turn interpleaded all the claimants and paid the proceeds into court, being thereby released from further liability. The issues were made up and a trial was had which resulted in findings and judgment for plaintiff, the widow of the decedent Simon Sandrosky. Defendant Sam Newman, as administrator of the estate of said Simon Sandrosky, has appealed.
To grasp the law point involved, it is necessary to set forth the further facts as follows: The insurance policy was dated July 1, 1929. In 1931 marital differences arose between said wife and husband as the result of which a divorce action was instituted by the wife on March 6, 1931. On March 9th a written property settlement was executed without special mention of the policy of insurance. An interlocutory decree of divorce followed on April 13,…