Shanahan

This court has jurisdiction of the above cause by virtue of 28 U.S.C.A. §§ 1335 , 2361.

The facts of this case are as follows:

James E. Shanahan, decedent, married Mabel D. Shanahan, cross-complainant on July 29, 1945. A policy of life insurance was issued by United Benefit Life Ins. Co. on November 25, 1947, insuring the life of James E. Shanahan. This policy issued one and a half years after the marriage of James and Mabel Shanahan and specified “Mabel Shanahan, Wife” as beneficiary. At all times herein mentioned the insured under the terms of said policy reserved the right to change the beneficiary of said policy.

Mabel and James Shanahan were divorced on September 24, 1952, and James Shanahan subsequently married Ruth Hutchison on December 4, 1952. The parties to the divorce did not enter into a property settlement agreement.

The policy provides that any change of beneficiary should be effected by notification of the insurer at its home office. The designated beneficiary of said policy was never changed in conformity with the formal requirements of said policy of insurance, but prior to his death and after conferring with Mabel D. Shanahan, now known as Mrs. Leon De Carli,…