Mitchell v. Mitchell

Plaintiff and decedent were married in November, 1936, and lived together as husband and wife until about June 15, 1940, when they separated. Shortly thereafter decedent conveyed to his mother his one-half interest in certain real estate which he owned jointly with her, transferred his automobile to her, and changed the beneficiaries on his life insurance policies (aggregating about $50,000) from his estate to his mother. Then, on the day of his death, he handed plaintiff a sealed envelope containing $7,000 in cash. Meanwhile, decedent had executed a will, leaving $15,000 to plaintiff and the…