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DUHAME v. DUHAME

No. 89-0148.

154 Wis.2d 258 (1989)

453 N.W.2d 149

Edward Joseph DUHAME, and Lori Ann Duhame by their Guardian ad Litem, Kevin Corrigal, Plaintiffs-Respondents, v. Elaine DUHAME, Defendant-Appellant, AETNA LIFE INSURANCE COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided December 20, 1989.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Stern, Caviale & Stern of Kenosha.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Kevin Corigall of Phillips, Richards & Mayew, S.C. of Kenosha.

Before Brown, P.J., Scott and Nettesheim, JJ.

NETTESHEIM, J.

Elaine Duhame, primary beneficiary of an insurance policy insuring the life of her deceased husband, Clyde, appeals from a summary judgment which construed a divorce stipulation in an earlier action between Clyde and his former wife. Based upon its construction of the stipulation at summary judgment, the trial court then imposed a constructive trust against the policy proceeds in favor of Clyde's minor children from the former marriage.

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