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 taking into account the latter’s usual income or standing.

However, the total amount of the premium to be sent back in accordance with the previous provisions must not exceed the amount paid by the insurer.

When both spouses have invested money in a contract under which an annuity shall be given to both of them whilst they are living together and to the surviving one for life upon the death of the other, the surviving spouse is required to compensate the original property of the other spouse or the marital property, as the case may be, depending on whether the original property or the marital property was used in such investment. The money to compensate the original property or marital property as said shall be equal in amount to the special money additionally demanded by the annuity giver, in order that the annuity giver would be able to further provide the annuity to the surviving spouse.

If any person who should become an heir under section 1629(1), (3), (4), or (6) has died or been