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McCurdy v. McCurdy

372 S.W.2d 381 (1963)

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McCurdy v. McCurdy

Texas Court of Appeals

372 S.W.2d 381 (1963)

Facts

Royce McCurdy (defendant) and Estella McCurdy (plaintiff) were married from August 5, 1960, until Royce’s death on March 16, 1962. Before the marriage, Royce was issued two life-insurance policies that named his estate as the beneficiary. Before the marriage, Royce paid $1,094.66 of insurance premiums with his separate property. During the marriage, $657.60 of the insurance premiums was paid using the McCurdys’ community property. After Royce’s death, his executor (defendant) named the insurance proceeds as entirely Royce’s separate property because the policies were issued before marriage. Estella brought suit against the executor to determine the status of the proceeds. The trial court determined that the proceeds were Royce’s separate property, but that the community estate had a right of reimbursement to a proportion of the proceeds equivalent to the proportion of all premiums paid on the policies that were paid with community funds.

Rule of Law

Issue

Holding and Reasoning (Wilson, J.)

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