Perry v. Tweedy
Supreme Court of Georgia
Equitable petitiou. Before Judge Lewis. Putnam superior court. July 9, 1906. Perry and others, as administrators of Mark O. Perry, brought their action against Tweedy, as administrator of Augusta Perry, alleging as follows: On February 18, 1893, Mark C. Perry obtained a policy of insurance upon his life to be issued by the Mutual Life Insurance Company of New York. By its terms it was made payable to his wife, Augusta Perry, her executors, administrators, or assigns.
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Equitable petitiou. Before Judge Lewis. Putnam superior court. July 9, 1906. Perry and others, as administrators of Mark O. Perry, brought their action against Tweedy, as administrator of Augusta Perry, alleging as follows: On February 18, 1893, Mark C. Perry obtained a policy of insurance upon his life to be issued by the Mutual Life Insurance Company of New York. By its terms it was made payable to his wife, Augusta Perry, her executors, administrators, or assigns. On April 2, 1894, he obtained another policy, similar to the first. Mrs. Perry died intestate some six years before her…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
According to the great weight of authority, in ordinary life-im surance, where no power of divestiture or to change the beneficiary is reserved in the policy, the issuance of the policy confers a vested right upon the person so named as beneficiary, and the insured can not transfer such interest to any other person without the consent of such beneficiary. It has been suggested that this rule may have had its origin in statutory provisions, and that legislative enactments may have had an influence in the development of the doctrine. However this may have been, the…
2Cases cited14 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Martin v. StubbingsIllinois Supreme Court · 1888
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Masonic Mutual Benefit Society v. BurkhartIndiana Supreme Court · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Arnold v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1908
- Merchants Bank v. GarrardSupreme Court of Georgia · 1924
- Roberts v. Northwestern National Life InsuranceSupreme Court of Georgia · 1915
- Farmers State Bank v. KelleySupreme Court of Georgia · 1923
- Bankers Reserve Life Co. v. RiceSupreme Court of Oklahoma · 1924
15 more not listed; retrieve them via the Exa API.