Hiserodt v. Hamlett
Mississippi Supreme Court
From the chancery court of Adams county. B. C. Smitha died intestate in January, 1895. At the time of his death he was carrying a life policy in the Mutual Life Insurance Company of New York for $5,000, payable to himself, ‘ ‘ his executors, administrators or assigns. ’ ’ By its terms a premium of $179.50 per year was to be paid for fifteen years. J. B. Hamlett loaned Smitha, in his lifetime, $179.50 and took as security an assignment of said policy, in writing.
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From the chancery court of Adams county. B. C. Smitha died intestate in January, 1895. At the time of his death he was carrying a life policy in the Mutual Life Insurance Company of New York for $5,000, payable to himself, ‘ ‘ his executors, administrators or assigns. ’ ’ By its terms a premium of $179.50 per year was to be paid for fifteen years. J. B. Hamlett loaned Smitha, in his lifetime, $179.50 and took as security an assignment of said policy, in writing. After Smitha’s death Hamlett collected the face of the policy and repaid himself the amount of the loan. The appellant, Hiserodt, on…
1Opinion of the CourtWhitfield, J.
The bill is filed by appellant in his character as administrator alone. No just construction can make of it anything else. If, therefore, it were proper to file a bill in that capacity, and, also, at the same time, in his capacity as creditor seeking to set aside the parol trust as fraudulent against creditors, he has not here done so, and we must treat it as a bill by the administrator alone. Nor does it make any difference, in this view, that the bill avers the insolvency of his intestate. Blake v. Blake, 53 Miss., 182, is decisive in this view. We are satisfied, after the most careful…
2Cases cited4 opinions
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Wall v. WallMississippi Supreme Court · 1855
- Blake v. BlakeMississippi Supreme Court · 1876
- Coates v. WorthyMississippi Supreme Court · 1895
3Cited by11 opinions
- Allen v. HendrickOregon Supreme Court · 1922
- Union Trust Co. v. HawkinsOhio Supreme Court · 1928
- State Ex Rel. Knox v. Edward Hines Lumber Co.Mississippi Supreme Court · 1928
- Miss. State Tax Com'n v. Oscar E. AustinMississippi Supreme Court · 1998
- STEWART, ADM'X v. Barksdale, Gdn.Mississippi Supreme Court · 1953
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