Hill v. Schroeder

TEIGEN, Chief Justice.

This is an appeal from a summary judgment which adjudicates that the avails of three life insurance policies payable to the estate of the deceased insured shall be distributed to his surviving wife.

The salient facts are that one J. Lyle Schroeder died intestate on November 9, 1961, a resident of Cass County, North Dakota. His estate was probated in that County and final decree of distribution was entered, no appeal was taken, and it is final. The plaintiff administrator of the estate has received and holds the avails of three life insurance policies carried by the…