Buehler v. Buehler

FANNING, Justice.

Plaintiff, Herbert L. Buehler was the son and only child of Herbert S. Buehler, deceased, who died intestate on October 13, 1955. Defendant Joy Ruth Buehler was the second wife and surviving widow of Herbert S. Buehler. At the time of his death, Herbert S. Buehler was an employee of J. Weingarten, Inc., and a participant in Weingarten Employees’ Profit Sharing Retirement Plan.

The plan provides for certain contributions to the fund to be made by the employee and by the employer with certain stipulated benefits upon retirement, resignation, dismissal, disability or death. Under…