"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 creditors." Appellants rely upon our recent pronouncement in the case of In re Estate of Paul, 231 Iowa 1078, 3 N.W.2d 186. The opinion in that case reviews and quotes from our prior pronouncements in the cases of In re Estate of Donaldson, 126 Iowa 174, 177, 101 N.W. 870, 871; Jacobson v. New York L. Ins. Co., 199 Iowa 770, 772, 202 N.W. 578, 579; Aetna L. Ins. Co. v. Morlan, 221 Iowa 110, 117, 120, 264 N.W. 58, 61, 62; In re Estate of Hazeldine, 225 Iowa 369, 380, 280 N.W. 568, 570. In the Paul case we pointed out that in the Donaldson case, supra, 126 Iowa 174, 101 N.W. 870, the deceased supposed that if his insurance was payable to his estate it could be reached by his creditors, but it was held that his promise to take out the insurance in such belief did not constitute a special contract or arrangement to pay the specific debt from the avails of the insurance policy, nothing more than an equitable assignment of a part of the proceeds of the policy, whereas such cases require what is in fact an assignment, oral or written, of the fund, or some definite proportion thereof, such an agreement as that t

In Iowa it is the law that an oral assignment of the proceeds of life insurance is good. In re Paul's Estate, 1942, 231 Iowa 1078, 3 N.W.2d 186. It is the claim of the defendant, Nellie Wanamaker, that because she had possession of the policy, that such possession gave rise to a presumption of ownership, and that the burden of proof was upon Mr. Bennett to establish his ownership to it.

[3] We have held that, where the beneficiary is named pursuant to a contract for a valuable consideration, the circumstances may be such that the beneficiary may acquire a vested interest in the insurance so that the insured will be without power to change the designation of beneficiary. Cases so holding include: Jacobson v. New York L. Ins. Co., 199 Iowa 770, 202 N.W. 578; Beed v. Beed, 207 Iowa 954, 222 N.W. 442; Aetna L. Ins. Co. v. Morlan, 221 Iowa 110, 264 N.W. 58; In re Estate of Paul, 231 Iowa 1078, 3 N.W.2d 186. Cases in which such a contract was claimed to have been made but this court determined that the beneficiary had not met the burden of proof include: Herriman v. McKee, 49 Iowa 185; In re Estate of Donaldson, 126 Iowa 174, 101 N.W. 870; Bennett v. Union Central L. Ins. Co., 220 Iowa 927, 263 N.W. 25; In re Estate of Hazeldine, 225 Iowa 369, 280 N.W. 568; Shepherd v. Pacific Mut. L. Ins. Co., 230 Iowa 1304, 300 N.W. 556. In the case of Sovereign Camp W.O.W. v. Russell, 214 Iowa 39, 241 N.W. 395, such a contract was held to be unenforceable because of a special statute relative to fraternal societies.