Freitas v. Freitas
Court of Appeal of California
159 P. 611 (1916)
Mrs. Freitas (plaintiff), the widow of Manuel T. Freitas, understood that she was the beneficiary under her husband’s life-insurance policy pursuant to an oral antenuptial agreement. Mrs. Freitas had agreed to marry Mr. Freitas only if he would name her as the beneficiary of his life-insurance policy with Unica Portugueza de Estada da California (Unica) (defendant). After the Freitases were married, Mr. Freitas changed his insurance policy to name Mrs. Freitas as the beneficiary and delivered the revised policy to Mrs. Freitas. However, later in their marriage, Mr. Freitas changed the policy without Mrs. Freitas’s knowledge to name his four children from a prior marriage (defendants) as beneficiaries in place of Mrs. Freitas. The children of Mr. Freitas were the named beneficiaries at the time of his death. Mrs. Freitas claimed the proceeds, and Unica paid the due sums to the trial court to determine who had the rightful claim to those proceeds. The trial court determined that Mrs. Freitas had the legal claim to the property. The children of Mr. Freitas appealed.
Rule of Law
Holding and Reasoning (Per curiam)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.