Simmons

Plaintiff and defendant were formerly wife and husband, but they were divorced in 1911. In 1913 a twenty-year semi-tontine policy of insurance on defendant’s life matured and exercising an option given him under the contract he surrendered the policy to the company which had issued it and received the sum of $3,174.53. The plaintiff sued for her alleged community interest in this money. At the trial of the cause, after issue joined, plaintiff’s proofs were offered and thereupon defendant’s motion for nonsuit was granted. Judgment was entered in defendant’s favor. From said judgment and from an order denying her motion for a new trial the plaintiff appeals.

The divorce was preceded by an agreement respecting the property of the husband and wife. By this contract they attempted to settle and adjust all of their property rights. It was an elaborate and carefully drawn document whereby each party surrendered all interest in certain properties in favor of the other. It is unnecessary to analyze this instrument as only the fourth stipulation is pertinent to this discussion. By it the agreement was made that all property, real or personal, “standing in the name of” Mr. Miller, except…