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PHILLIPS v. WELLBORN

No. 10766.

552 P.2d 471 (1976)

89 N.M. 340

Mary E. PHILLIPS, Petitioner-Apellee, v. Geneva WELLBORN, Defendant-Appellant, v. John Raymond PHILLIPS and Edith Lola Phillips, Defendants-Appellees.

Supreme Court of New Mexico.

July 28, 1976.

Attorney(s) appearing for the Case

Robinson, Stevens & Wainwright, George F. Stevens, Albuquerque, for defendant-appellant.

Modrall, Sperling, Roehl, Harris & Sisk, Kenneth L. Harrigan, Albuquerque, for Mary E. Phillips.

Parker, Francis & Everett, Douglas T. Francis, Peter Everett, Albuquerque, for Phillips and petitioner.

OPINION

SOSA, Justice.

This case presents the issue of whether a former spouse has an interest in term life insurance on the life of her deceased former spouse which was not specifically awarded to either party by the court in their divorce proceeding.

Geneva Wellborn and John R. Phillips, Jr. were married on October 28, 1958. On October 13, 1964 Mr. Phillips took out a term life insurance policy on his life from the Texas Life Insurance Company...

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