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California Community Property Keyed to Carrillo, 11th Ed.
Fidelity & Casualty Co. v. Mahoney
Citation:
161 P.2d 944 (1945)Facts
J. B. Mahoney, Sr., a resident of Los Angeles, purchased an airplane-travel accident insurance policy for one dollar on June 28, 1943, in Louisville, Kentucky, naming his sixteen-year-old son from a former marriage, J. B. Mahoney, Jr., as the beneficiary. The insured had been married to Patricia Mahoney for approximately two months, and they were domiciled in California throughout their marriage. Within an hour of purchasing the policy and boarding an airplane to Los Angeles, the insured died when the airplane crashed in Kentucky. Patricia Mahoney demanded one-half of the five-thousand-dollar policy proceeds, claiming the premium was paid with community property. The insurance company filed an interpleader action and deposited the proceeds with the court. The record showed that the deceased had earned a monthly salary during the marriage and maintained a bank account in his own name, but no evidence was presented regarding the amount of his salary, the size or duration of his bank account, or whether the one-dollar premium was paid from community or separate funds.
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