This section contains the nature of the case and procedural background.

W was induced to marry H, since deceased, by an antenuptial agreement, wherein he promised W that if she would marry him, he would make her the beneficiary of a policy of life insurance in the sum of one thousand dollars which he then held. Upon the marriage, H named W as the beneficiary in the policy of insurance and thereupon delivered the same to her. Subsequently, H secured possession of the policy and, without the consent or knowledge of W, caused Ds to be substituted as beneficiaries, and they were the beneficiaries named in the policy at the time of his death. The insurance company deposited the monies with the court. W got the judgment and Ds appealed.

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