Personal Property – Gifts – Delivery to Third Party
A husband changed the beneficiary of his life insurance policy from his wife to his mother during a temporary separation and failed to restore his wife as beneficiary after reconciliation. Subsequent to his death the mother, in the presence· of the wife, signed a memorandum “waiving” her policy rights “to” the wife and handed the writing to the insurer’s district manager. Before payment of the proceeds the mother discovered that the wife was the beneficiary of another policy and attempted to revoke the memorandum. In insurer’s interpleader action, a gift to the wife was recognized. On appeal, held, affirmed. The memorandum signified the mother’s rights, indicated her donative intent, and was delivered to the district manager as the representative of the wife. Smith v. Smith, (Mo. App. 1958) 313 S.W. (2d) 753.