In re the Estate of Dobbel

This is an appeal from a decree of final distribution, and is taken by tbe administrator of the estate of Henry Dobbel, deceased, and by a creditor of his estate. The facts of the case may be briefly stated as follows: Henry Dobbel took out a paid-up policy of insurance upon his life in favor of his wife, Margaretha. Margaretha died intestate; six years later her husband, Henry, died. The policy was made payable to “Margaretha L. Dobbel, her executors, administrators, or assigns." Upon the death of Henry, his son was appointed administrator of Margaretha’s estate, and the insurance company paid him as such administrator the amount of the policy. The husband and wife left surviving them seven children, and by the decree of distribution appealed from in this case the trial court awarded the proceeds of this policy to the children in equal shares. It is now claimed by appellant that the estate of Henry Dobbel is entitled to all of said moneys as community property; and, secondly, if this contention be unsound, that his estate is entitled to one-third of said moneys, the husband being an heir of the wife, and the money being her separate property.

It cannot technically be said that…