Ormond v. Connecticut Mutual Life Insurance
Supreme Court of North Carolina
Civil action, tried at May Term, 1901, of tbe Superior Court of LeNOIR, County, before Long, J., and a jury. Plaintiff sues to recover one-fifth of a policy of insurance on the life of his testator, issued by defendant.
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Civil action, tried at May Term, 1901, of tbe Superior Court of LeNOIR, County, before Long, J., and a jury. Plaintiff sues to recover one-fifth of a policy of insurance on the life of his testator, issued by defendant. The Court submitted the following issues: “1. Did the plaintiff’s testator, * * * after the death of his wife, relinquish any rights and interest he might have had in the policy from his wife and surrender said policy to his children, to be kept alive for their benefit, as alleged in the answer?” Ans. “Yes.” “2. Did the defendants, Hyatt, Luce and E. L. Miller, agreeably to…
1Opinion of the CourtBrown, J.
The evidence in this case tends to prove that, in 1868, plaintiff’s testator, A. R. Miller, insured his life in the defendant company in the sum of $10,000 for the benefit of his wife, Delia M. Miller, and their four children, Sybil Hyatt, E. L. Miller, Maude Luce and W. R. Miller. In 1884 Mrs. Delia M. Miller died intestate, leaving her husband, A. R. Miller, and the four children above named. No administration was granted upon her estate. In 1903 W. R. Miller assigned his interest in the policy to Mrs. Sybil Hyatt, and soon thereafter died, before the death of A. R. Miller. In June, 1905,…
2Cases cited3 opinions
- Winberry v. . KoonceSupreme Court of North Carolina · 1880
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