Shaw v. Johnson

This action was brought to declare a trust in the proceeds of a life insurance policy written by the Pacific Mutual Life Insurance Company upon the life of Frances Tyler Shaw, deceased. We need not refer in detail to the various pleadings filed by the parties. When the cause went to trial, the only controversy remaining was one between the defendant, as executor of the last will of the deceased, and plaintiffs, who claimed as beneficiaries of an alleged trust created by the deceased. The insurance company had paid into court the proceeds of the policy subject to the determination of the…