Southerland v. Estate of Southerland

The sole issue in this appeal is whether, under the terms of a property settlement agreement, a wife relinquished her right to receive insurance proceeds as the beneficiary of a life insurance policy, despite the fact that her former husband never removed her as his beneficiary after the agreement was executed.

The facts of this case are not disputed. On June 11, 1990, Linda Sue Mason Southerland (Linda) entered into a written Stipulation and Agreement (the Agreement) with her husband, Fendal Edward Southerland, III (Fendal). The Agreement was incorporated by reference into the parties’ final…