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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.