This case comes on for review of the trial court’s orders denying Appellants’ motions for summary judgment filed in two inter-pleader actions, and granting judgmеnt for Appellee. Decedent Patsy Jatonii Adair (Decedent) was married to Delbert Wayne Adair. Into the marriage Decedent brought two children of a previous marriage, Monty Loday Phelps and Patsy Shannon Phelps, Appellants. Into the marriage, Husband Delbert brought one child, Appеllee Joann Adair. Of the marriage, one child was born, Judson Wayne Adair, Appellant. Decedent never adopted Joann, but left a Will, nominating hеr husband as primary beneficiary of her estate, and designating Decedent's three children and Husband’s child, Joann, as residual beneficiaries, to take in equal shares.
On Christmas day, 1982, Decedent was murdered by her husband, who was later convicted of the crime, and is serving a life sentence. At her deаth, Decedent was covered by two insurance policies, one from National Home Life Insurance Company, and one from Life General Security Insurance Company. The National Home Life policy provided that if the primary beneficiary under the policy fails, then the proceeds should be divided equally among the insured’s children, and if none survive, then to be paid to the executor or administrator of the insured’s estаte. The Life General policy had a similar provision, but directed that if the primary beneficiary could not take, then the proceeds would be paid to the owner of the policy, if living, otherwise to the executor of the estate of the owner.
Oklahoma has enacted а “slayer statute” found at 84 O.S.1981 § 231, which disqualifies a primary beneficiary of an insurance policy, where the beneficiary is convicted of murder of thе insured. Recognizing the potential and conflicting terms of Decedent’s Will, the insurance policies, and the statute, Life General and Nationаl Home Life interpleaded the proceeds of their respective policies into the Oklahoma County District Court in separate аctions. The insurers were later dismissed from the actions, and the trial courts, on motions for summary judgment, directed that the insurance proceeds be deposited into estate of Decedent and distributed according to Decedent’s Last Will and Testament. The Decedent’s Will directed distribution among the three natural children and Joann Adair, Decedent’s step-child who was never adopted by Decedent. These appeals еnsued, and were consolidated for purposes of this decision.
All parties to these appeals agree that under 84 O.S.1981 § 231, husband, as conviсted slayer of Decedent, is disqualified from taking the proceeds of either insurance policy. The parties also agree that the insurance policies and the proceeds flowing therefrom are not ordinarily matters of probate, but rather are matters of contract, and the insurance policies are to be construed in accordance with the law of contract. 15 O.S.1981 § 151 et seq.;
Lester v. Sparks,
*698
We thus turn our attention to the express contractual provisions of Decedent’s insurаnce policies. Under the National Home Life policy (Case No. 64,361), the proceeds of the insurance policy are to be paid to the primary beneficiary; if the primary beneficiary fails, then the proceeds are to be paid in equal shares to the insured’s children. Under § 231, Decedent’s husband, having been convicted of murder of the insured, may not participate in the distribution of the insurance proceeds. Thus, аnd under the alternative beneficiary clause of the insurance contract, the policy proceeds are to be distributed to the “сhildren” .of the insured in equal shares. Although we have found no Oklahoma authority directly on point, we believe that an unadopted stepchild is neither “issue” nor a “child” under the policy so as to qualify for a share of the proceeds.
Cf.,
84 O.S.1981 § 213 (to “issue” or “child” of issue); 23 AmJur.2d, Descent and Distribution, § 63 (Stepchildrеn not “children” under intestate succession);
Estate of Smith,
Similarly, and as to the Life General Insurance policy (Case No. 64,362), thе terms of that policy provided that the proceeds of the policy should be paid to the primary beneficiary; if the primary benefiсiary could not take, the policy directed the proceeds to be paid to the owner of the policy, if living, otherwise to the pеrsonal representative of the insured’s estate. Under the specific provision of the policy, therefore, the trial court properly directed the payment of the insurance proceeds to the personal representative.
By this construction of the insurance contracts, Decedent’s will, and our slayer statute, we have in this opinion specifically given effect to the clear wording of the insurance contracts by allowing the proceeds to pass according to the terms of the policies. This construction would also give effect to Decedent’s Will, as residue of the estate, other than the affected insurance proceeds, would be distributed according to the Will. And we have considered
The orders of the trial courts are therefore AFFIRMED IN PART, REVERSED IN PART and this cause REMANDED WITH INSTRUCTIONS to enter an order or orders directing the payment of the National Home Life policy directly to the three natural children of Decedent, Patsy Shannon Phelps, Monty Loday Phelps, and Judson Wayne Adair. The proceeds of the Life General policy shall be paid to the personal representative of the estate for distribution under Decedent’s Will as ordered by the trial court.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.