Torchia on Behalf of Torchia v. Torchia

WIEAND, Judge:

If, pursuant to a postnuptial property settlement agreement, a father promises to maintain his three children as beneficiaries of his life insurance policy, may the children recover the proceeds of the policy from the deceased husband’s second wife who, without fault on her part, was named beneficiary of the policy in violation of the agree ment? The trial court concluded that the second wife had been unjustly enriched and decreed that she should pay the proceeds of the policy to the decedent’s children by his first marriage. The widow appealed. We affirm.

Marion Torchia and…