Freitas v. Freitas

Mrs. Freitas (plaintiff) agreed to marry Mr. Freitas only if he named her as beneficiary of his life-insurance policy, an oral agreement made before their marriage. After marrying, Mr. Freitas changed the policy to name her as beneficiary and delivered it to her, but later in the marriage, without her knowledge, he changed the policy again to name his four children from a prior marriage (defendants) as beneficiaries, and they were the named beneficiaries at his death. The insurer paid the proceeds into court to determine the rightful claimant, the trial court ruled for Mrs. Freitas, and the children appealed.