New York Life Insurance v. Cawthorne

Opinion

THOMPSON, J.

This appeal involves the narrow issue of the distribution of the proceeds of a life insurance policy purchased with community funds where one spouse has killed the other in circumstances rendering-the slayer guilty of voluntary manslaughter. We conclude that the named beneficiaiy of the policy is not entitled to be paid the slayer’s community interest in it. The slayer, having defaulted in the action at bench but her daughter and heir-at-law having appeared, the daughter is entitled to one-half of the proceeds of the insurance and the named beneficiaiy to the other one-half.