PERKINS v. STUEMKE

No. 4-91-0348.

585 N.E.2d 1125 (1992)

223 Ill. App.3d 839

166 Ill.Dec. 103

Nancy A. PERKINS, formerly Nancy A. Nelson, for the benefit of Scott Nelson, Teresa Nelson and Nancy Nelson; and Scott Nelson, Teresa Nelson and Nancy Nelson, Individually, Plaintiffs-Appellants, v. Brenda STUEMKE, William Stuemke, III, Lisa White, Lawrence White and Dorothy M. Nelson, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

January 16, 1992.


Attorney(s) appearing for the Case

G. William Horsley, Springfield, for Nancy A. Perkins, et al.

Donald M. Craven, Donald M. Craven, P.C., Springfield, for Lisa & Lawrence White, William Stuemke & Dorothy Nelson.

Sheehan & Sheehan, P.C., Springfield, Patrick J. Sheehan, for Brenda Stuemke.


Justice STEIGMANN delivered the opinion of the court:

This case presents the issue of whether a divorce decree, requiring the former husband to retain his former wife as the beneficiary of his life insurance policy for the benefit of their children, gives rise to a constructive trust on the proceeds of a second, subsequently executed life insurance policy when the former husband allows the first insurance policy to lapse and names a different beneficiary to the second...

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