Legal Opinion

Martin v. Ætna Life Insurance

Supreme Judicial Court of Maine

Decided October 21, 1881PublishedCited by 12 opinions

On agreed statement of facts from tbe superior court. Tbe opinion states the material facts. Tbe following questions were submitted to tbe determination of tbe court, with full power to make such inferences from tbe agreed facts as a jury might do. I. Is the’ said John Edward Wall tbe child of John Wall, Jr. and Bosanna Wall, within tbe meaning of tbe terms of tbe policy ? II. If be is so, is said insurance due and payable directly to him by said company ? III.

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On agreed statement of facts from tbe superior court. Tbe opinion states the material facts. Tbe following questions were submitted to tbe determination of tbe court, with full power to make such inferences from tbe agreed facts as a jury might do. I. Is the’ said John Edward Wall tbe child of John Wall, Jr. and Bosanna Wall, within tbe meaning of tbe terms of tbe policy ? II. If be is so, is said insurance due and payable directly to him by said company ? III. Can tbe plaintiff as tbe administrator of Mrs. Wall’s estate maintain this action? IV. If tbe plaintiff as administrator can maintain…

1Opinion of the CourtDanforth, J.

This is an action upon a policy of insurance upon the life of John Wall, Jr. issued to his wife Eosanna Wall, and payable "to the said assured, her executors, administrators, or assigns for her sole and separate use and benefit . . . and in case of the death of the said Eosanna Wall before the decease of the said John Wall, Jr. the amount of the said insurance shall be payable to their children for their use, or to their guardian if under age.” The action is in the name of the administrator of *27the wife, and four questions are submitted for answers upon an agreed statement of facts.

1. Is the…

2Cases cited3 opinions

  1. Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
  2. Knickerbocker Life Insurance v. WeitzMassachusetts Supreme Judicial Court · 1868
  3. Burroughs v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1867

3Cited by12 opinions

  1. In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
  2. Bray v. MilesIndiana Court of Appeals · 1899
  3. Casper v. HelvieIndiana Court of Appeals · 1925
  4. Chancellor v. ChancellorCourt of Appeals of Texas · 1929
  5. Estate of BreitungWisconsin Supreme Court · 1890

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