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having regard to the latter's normal income or condition.
However, the total amount of the premium to be sent back in accordance with the foregoing provisions must not exceed the amount paid by the insurer.
Section1638.When both spouses have invested money in a contract, according to 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 assets of the other spouse or the matrimonial assets, as the case may be, depending on whether the original assets of the other party or the matrimonial assets were used in such investment. The money to compensate the original assets or matrimonial assets 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.
Section1639.If any person who should become an heir under section 1629(1), (3), (4), or (6) has died or been
