Stockett v. Penn Mutual Life Insurance

This bill in equity was brought by the administrator d.b.n. of the estate of Susan Butler to rescind an annuity contract. The respondent’s substantial demurrer was sustained in the superior court on certain grounds. From a decree denying and dismissing the bill, complainant has duly prosecuted his appeal to this court.

The bill alleged that on September 11, 1935 Susan Butler paid $4,000 to the respondent, hereinafter sometimes called the company, for a nonrefunding annuity policy under which she was to receive $28.16 a month for life. Up to the time of her death on June 26, 1937 she had…