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FRANKLIN LIFE INS. CO. v. KITCHENS

Docket No. 30233.

249 Cal.App.2d 623 (1967)

57 Cal. Rptr. 652

FRANKLIN LIFE INSURANCE CO., Plaintiff, v. LORAYNE M. KITCHENS, Defendant, Cross-defendant and Respondent; MAUREEN L. KITCHENS, a Minor, etc., et al., Defendants, Cross-complainants and Appellants.

Court of Appeals of California, Second District, Division Two.

March 21, 1967.

Attorney(s) appearing for the Case

Wilton W. Webster for Defendants, Cross-complainants and Appellants.

John M. Coleman for Defendant, Cross-defendant and Respondent.

FLEMING, J.

Interpleader by Franklin Life to resolve contesting claims to life insurance proceeds. On one side, the insured's divorced wife, Lorayne M. Kitchens, the named beneficiary under the policy; on the other, the guardian of the insured's three minor children, Maureen, Thomas, and Susan Kitchens.

The children claim on the basis of their parents' divorce decree, which in disposing of community property awarded life insurance to the husband as his separate...

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