n being for the benefit of the pensioner as
such, and not as head of a family.
[Sidenote: Life insurance.]
The avails of any life insurance or any other sum of money made payable
by any mutual aid or benevolent society upon the death of a member of
such society, are not subject to the debts of the deceased, except by
special contract or arrangement, but shall in other respects, be
disposed of like other property left by the deceased. [Sec.3576.] A policy
of insurance on the life of an individual, in the absence of an
agreement or assignment to the contrary shall inure to the separate use
of the husband or wife and children of said individual, independently of
his or her creditors. And the avails of all policies of insurance on the
life of an individual payable to his surviving widow, shall be exempt
from liabilities for all debts of such beneficiary contracted prior to
the death of the deceased, provided that in any case the total exemption
for the benefit of any one person shall not exceed the sum of five
thousand dollars. [Sec.1756, Sup.] The contract between the assured and the
insurance company, cannot be changed in any particular without the
consent of the company, and a testator cannot, by will, change the
beneficiary named in the policy unless it is expressly so provided in
the contract. Where a policy is made payable to the assured or his legal
representatives, the proceeds of the policy will pass to the
administrator of his estate, and will be paid to the wife and children,
but no part can be distributed to other heirs. If the assured leaves a
wife or husband and no children, the entire proceeds of the policy will
go to the wife or husband, and after they have passed into the hands of
the beneficiary, they will not be subject to execution for the payment
of his or her debts, provided they do not exceed the sum of five
thousand dollars.
A wife is not her husband's "legal heir" and the entire proceeds of a
policy or certificate of insurance made payable to the assured or his
"legal heirs" will go to the children of the deceased.
[Sidenote: Allowance to widow and children.]
The court shall if necessary, set off to the widow and children under
fifteen years of age, of the decedent, or to either, sufficient of the
property of such kind as it shall deem appropriate to support them for
twelve months from the time of his death. [Sec.3579.] The allowance to the
widow takes priority over all other claims agains
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