In re the Estate of Dobbel
California Supreme Court
Appeal from a decree of final distribution of tbe estate of a decedent rendered in tbe Superior Court of San Mateo County. The facts are stated in the opinion of the court. The premiums on the insurance policy having been paid by the husband the policies will be presumed to be community property. (Civ. Code, secs. 162 — 64; Meyer v. Kinzer, 12 Cal. 248; 73 Am.
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Appeal from a decree of final distribution of tbe estate of a decedent rendered in tbe Superior Court of San Mateo County. The facts are stated in the opinion of the court. The premiums on the insurance policy having been paid by the husband the policies will be presumed to be community property. (Civ. Code, secs. 162 — 64; Meyer v. Kinzer, 12 Cal. 248; 73 Am. Dec. 538; Tibbetts V. Fore, 70 Cal. 242; In re Bauer, 79 Cal. 308.) Being community property the entire policies belonged to the husband without administration. (Civ. Code, sec. 1401.) If the policies were the separate property of the…
1Opinion of the CourtGaroutte, J.
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…
2Cases cited3 opinions
- Harley v. HeistIndiana Supreme Court · 1882
- Pence v. MakepeaceIndiana Supreme Court · 1879
- Wilburn v. WilburnIndiana Supreme Court · 1882
3Cited by17 opinions
- Blethen v. Pacific Mutual Life InsuranceCalifornia Supreme Court · 1926
- Sullivan v. Union Oil Co. of Cal.California Supreme Court · 1940
- Hochstein v. BerghauserCalifornia Supreme Court · 1899
- Burdett v. BurdettSupreme Court of Oklahoma · 1910
- Estate of CastagnolaCalifornia Court of Appeal · 1924
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