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Separation was being drafted, Kathleen was not contemplating
remarriage. See supra note 4. In the next draft this "After the
divorce" sentence was revised to read:
After the divorce, Mrs. Lineweaver shall, until she
remarries, remain the beneficiary of life insurance
policies providing regular coverage (as opposed to
double indemnity) in an amount of up to $100,000.00,
with the beneficiaries of the remaining life insurance
policies being the children. [Emphasis added.]
Kathleen objected to the "up to $100,000.00" language, and
decedent still wanted to be able to name a beneficiary other than
the children for some of the insurance up to $100,000. In the
final version both spouses seem to have gotten what they wanted.
9(...continued)
which shall be delivered to 'blank'." And he put his
brother's name there.
Q And that was carried into the final form?
A I assume it was.
Q I will again show you the agreement which we
marked this morning in the final form and ask you if
that was not, in fact, included in the final document.
A Yes.
Q All right.
A It says, "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."
I wanted part of that to go to me - a hundred
thousand - if I had not remarried.
Q All right. Now that was also, in fact, carried
into the final document, was it not?
A Yes.
Q So the final showed that if you had not
remarried, a hundred thousand dollars worth of life
insurance would be made payable to you as beneficiary?
A Right. [Emphasis added.]
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