- 20 -
final version stated that decedent will not change the
beneficiaries of these policies until the divorce.8 The third
sentence, which we refer to as the "After the divorce" sentence,
involved the most changes in the evolution of the life insurance
paragraph. In the early draft, the "After the divorce" sentence
read as follows:
After the divorce, the beneficiaries of said policies
will be changed to the children, provided however that
Mr. Lineweaver has the right to designate someone other
than the children as beneficiaries of policies
providing regular coverage (as opposed to double
indemnity) of up to $100,000.00.
Kathleen objected to that language because she wanted to be a
beneficiary for an amount of $100,000 of life insurance after the
divorce and until she remarried.9 At the time the Deed of
7(...continued)
thereafter.
8 This provision remained essentially the same in both
drafts and in the final version, the only difference being as to
who was to hold the policies for safekeeping. In the early
draft, there was a blank for the person's name and handwritten in
the blank was the name of decedent's brother, Francis B.
Lineweaver. In the next draft the name of Francis B. Lineweaver
was typed in, and no further changes were made in that second
sentence in the final version.
9 During her deposition on January 27, 1983, Kathleen was
questioned about the first draft of the life insurance paragraph
(which is paragraph 11 of what we have called the early draft) as
follows:
Q All right. Now what was your next change on
the first draft?
A Under life insurance, Paragraph 11, same page.
There was a blank on the end of the fourth line. It
was talking about--- "Mr. Lineweaver agrees that he
will not change the beneficiaries of said policies,
(continued...)
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