Estate of William G. Street, Deceased, Anne Street Skipper, Executrix - Page 6

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          life insurance on decedent's life, the court pointed out that               
          under Texas statutory law, Tex. Ins. Code Ann. Art. 3.49-3 (West            
          1981), the sole owner of life insurance that was community                  
          property could name someone other than his spouse (including his            
          estate) as beneficiary of the policy, and that such a designation           
          would be legally effective without the joinder or consent of the            
          spouse if it is determined that such designation was fair and was           
          made in the absence of fraud, either actual or constructive, on             
          the wife.  Street v. Skipper, 887 S.W.2d at 80-81.  In the case             
          before the court, the Texas Court of Appeals affirmed that there            
          was no fraud involved, either actual or constructive, in the                
          designation of the decedent's estate as insurance beneficiary.              
          The court pointed out that Mrs. Street, as surviving spouse of              
          decedent, in fact received more than one-half of decedent's total           
          estate, being more than the one-half community property interest            
          she might otherwise be entitled to receive.  The Court of Appeals           
          concluded in id. at 81:                                                     
               Therefore, although William Street gave his wife's                     
               share of the community property proceeds of the life                   
               insurance policies to his estate, he also bequeathed                   
               her certain portions of his share of the community                     
               estate that aptly made up the difference.  Appellant                   
               still received more than half of the community estate                  
               despite the gift to William Street's estate, and we                    
               cannot find that such disposition was unfair to her.                   
               The gift of the community funds to his estate was not                  
               capricious, excessive, or arbitrary as is evident by                   
               the resulting split of the community property.  * * *                  

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