Hayes v. Mutual Benefit Life Insurance

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover dividends on a policy of life insurance. In 1865, the defendant issued a policy of life insurance on the life of Calvin Hayes, in which his then wife, Mary C. Hayes, was named as beneficiary. Hayes and wife lived in Ohio and were divorced in 1868, but the name of the beneficiary of this policy was not changed. The divorced wife continued to be a resident of Ohio. In after years, Hayes came to Kansas and remarried. The plaintiff is the administrator of the estate of Calvin Hayes, who died in 1916.

This policy of…