Quay

This is an interpleader action wherein The Prudential Insurance Company of America has deposited into Court the death benefit from several insurance policies upon the life of Mr. Quay, deceased policy holder. The widow from whom Quay was separated is seeking payment of the funds to her. This is opposed by the administrator of his estate who asks that the funds be distributed to it.

On June 27, 1952, Mr. and Mrs. Quay entered into a property settlement agreement which acknowledged a marriage of more than twenty years duration and the fact that they were separated at the time of the agreement and did not propose thereafter to live together as husband and wife. The Agreement announced in its recitals:

and after reference to various community properties and the arrangement for a division thereof, included a paragraph wherein it was recited that “ * * * the Wife * * * accepted * * * in full satisfaction and settlement of all claims and rights to property of every kind and nature which she might now or hereafter make or have and/or could otherwise make or hereafter make or have against the Husband or his estate, whether at law or in equity or in probate, and also in full settlement of…