Estate of Welker v. Welker

OPINION

HILL, Justice.

This appeal involves a claim by the ex-wife and children of Franklin Welker, who is deceased, to the proceeds of an insurance policy of which they were to be beneficiaries under the terms of a property settlement agreement, as opposed to the claim of Mae Ann French Welker, the deceased’s second wife, who was the named beneficiary and independent executrix of the estate.

The claimants moved for summary judgment granting them all the proceeds of the policy. Franklin’s estate moved for summary judgment to deny the claim altogether or to limit recovery to $5,000. The trial…