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California Community Property Keyed to Carrillo, 11th Ed.
Wissner v. Wissner
Citation:
338 U.S. 655 (1950)Facts
Major Leonard O. Wissner married his wife in 1930, and they remained legally married and domiciled in California until his death in India in 1945 while serving in the United States Army. The couple became estranged around the time Major Wissner enlisted in November 1942. In January 1943, he purchased a National Service Life Insurance policy for ten thousand dollars, naming his mother as principal beneficiary and his father as contingent beneficiary, without his wife’s knowledge or consent. He paid the premiums from his army pay, which under California law constituted community property. After six months of service, Major Wissner stopped his allotment to his wife and expressed wishes to obtain a divorce. Following his death, the Veterans’ Administration paid the insurance proceeds in monthly installments to his mother as the designated beneficiary.
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