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[Download] "Linda Jones Witt v. Mary Eugena Jones" by Supreme Court of Idaho No. 15962 ~ eBook PDF Kindle ePub Free

Linda Jones Witt v. Mary Eugena Jones

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eBook details

  • Title: Linda Jones Witt v. Mary Eugena Jones
  • Author : Supreme Court of Idaho No. 15962
  • Release Date : January 08, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 77 KB

Description

Plaintiff appellant Linda Jones Witt appeals from a district court order awarding summary judgment to defendant Mary Jones, her stepmother. Linda sued her stepmother claiming a right to additional proceeds under her father's life insurance policy in which she was a named beneficiary. Suit was brought against defendant Mary Jones in both her capacity as personal representative of the estate of James Jones (Linda's father) as well as in her individual capacity. The district court held plaintiff's cause of action was barred by the statute of limitations or, in the alternative, by application of the doctrine of laches. The district court also held that plaintiff failed to allege facts sufficient to support a cause of action for fraud or deceit or the creation of a constructive trust pursuant to the court's powers of equity. We affirm. Appellant, Linda Jones Witt, is the daughter of James Jones by a previous marriage. Appellant alleges that when she was still a minor her parents, in a divorce proceeding, entered into a property settlement agreement providing that Linda was to be irrevocably designated as a beneficiary to one-half of the proceeds of her father's life insurance policy with Connecticut General Life Insurance Company. She further alleges that this property settlement agreement was subsequently incorporated into the divorce decree obtained in 1951 in California.[Footnote 1] Linda's father later married the respondent, Mary Jones, to whom he remained married until the time of his death on July 15, 1977, some 26 years after the property settlement agreement was executed.


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