Fancher
Travelers Insurance v. Fancher
Lead Opinion
This cause was ordered transferred from the District Court of Appeal to this court for further consideration. After giving the opinion of that court considerable study, we are of the opinion that it correctly disposes of the questions presented on this appeal, and we, therefore, adopt it as the opinion of this court. It was prepared by Mr. Justice Knight, concurred in by Presiding Justice Tyler and Justice Cashin, and is as follows:
The form of judgment entered in the present case, however, requires modification. Pursuant to stipulation of appellant’s counsel and in accordance with the prayer of appellant’s answer, the trial court awarded appellant’s half of the proceeds of said policies to her as administratrix, etc.; whereas under the authorities above cited she is doubtless entitled to the same in her own right, without qualification, as her share of the community assets. Therefore, to that extent the judgment is modified, and as thus modified it will stand affirmed, respondents to recover their costs of appeal.
Dissenting Opinion
Langdon, J.
I dissent, for the reasons expressed in my dissent in Trimble v. Trimble, S. F. No. 14601, this day filed (ante, p. 340 [ 26 Pac. (2d) 477 ]).