Hickson v. Herrmann

OPINION

WOOD, Judge, Court of Appeals.

The appeal concerns the right of a divorced wife to share in the proceeds of an insurance policy.

The policy was acquired during the marriage of the parties. It is not disputed that the policy was community property when acquired. See In Re White’s Estate, 43 N.M. 202, 89 P.2d 36 (1939) ; In Re Miller’s Estate, 44 N.M. 214, 100 P.2d 908 (1940).

The policy insured the life of jthe minor child of the parties. After the parties were divorced the minor child died. The proceeds of the policy were paid to defendant as the first beneficiary designated in the…