Gutierrez v. Madero

WALTER, Justice.

Alice Gutierrez, former wife of Rudolfo “Rudy” Gutierrez, as next friend of her minor children, Janet, Annette and Ruby Ann, filed suit against Mary 0. Gutierrez Madero, mother of Rudy Gutierrez, to impose a constructive trust upon the proceeds of American Capitol Life Insurance Company Policy No. 33-40669 written upon the life of Rudy Gutierrez, deceased. In the alternative, Alice Gutierrez seeks a finding that her minor children are entitled to receive the proceeds from said policy in which the beneficiary was changed from Alice Gutierrez to Mary Madero in violation of the…