Sailor

This is an action on an insurance policy issued by plaintiff insurance company to Roger W. Sailor in his lifetime, wherein Lola Y. Abel, a widow and the affianced wife of the assured, was named as the sole beneficiary. The marriage was consummated on December 2,1926, following the date of the policy, and the assured and his wife, now defendant Lola Y. Sailor, lived together until tho year 1928, when they were divorced. The evidence preponderatingly shows that the insurance policy in question was an absolute gift by delivery from the assured to- the said beneficiary in evident contemplation of their marriage, and she thereby, in my opinion, acquired a separate and individual property right therein. Not only has the insurance policy been continuously in her possession since the' gift by express words was made to her, but her evidence tends to show that subsequent to her marriage to> the assured she contributed to the latter’s support and also to the payment of the insurance premiums during the time they lived together. By the donation or gift of the policy to the beneficiary prior to their marriage, the assured divested himself of title and of the right reserved in the policy to…