· 6/1/1964
Charlene Davis v. The Prudential Insurance Company of America
Citations
- 331 F.2d 346
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an injunction does not void automatically a prohibited transfer, but that the surviving spouse nevertheless was entitled to recovery under a theory of constructive fraud
- holding that an injunction does not void automatically a prohibited transfer, but that the surviving spouse nevertheless was entitled to recovery under a theory of constructive fraud
- recognizing widow's 50% community property interest in insurance proceeds
- applying Texas law to determine whether a change of beneficiary from the decedent’s wife to his mother constituted a transfer of community property in constituting fraud
- “[[Injunctions may be enforced by contempt proceedings, damage actions, or actions to enforce a penalty included within the injunctive order, but they do not, under the circumstances here, operate to void the transfer they prohibit in a suit by the protected party against the transferee.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hutcheson, Brown, Simpson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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