Carothers v. Carothers

This is an action for damages for breach of a divorce property settlement agreement between plaintiff and defendant’s decedent. That agreement was approved and made a part of a divorce decree and provided that decedent would “carry and maintain $20,000 insurance on his life,” naming plaintiff as the beneficiary “as trustee for the use and benefit of [their] minor child.” Although decedent purchased such insurance, he later surrendered the policies for their cash value prior to his death.

Defendant appeals from a judgment that plaintiff, as trustee for her son, recover $20,000, with interest,…