California, United States of America
The following excerpt is from Cramer v. Biddison, 257 Cal.App.2d 720, 65 Cal.Rptr. 624 (Cal. App. 1968):
It may be granted, as the majority opinion holds, that the executors acted properly in Collecting the proceeds of all the insurance policies of which the estate was the named beneficiary and that it was their duty 'to maintain the right of the estate to such property until it (was) finally judicially determined that it (was) not the property of the estate.' (Cf. Elizalde v. Murphy, 11 Cal.App. 32, 36, 103 P. 904, 906.) However, it does not follow that they were justified in Paying out [257 Cal.App.2d 729] the insurance proceeds adversely claimed by appellant to discharge debts of the estate prior to some appropriate adjudication of appellant's adverse claim.
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