Walker v. Peters
Missouri Court of Appeals
Appeal from Howard Circuit Court. — Eon. A. H. Waller, Judge. (1) The certificates pointed out where the fund should go in the contingencies which happened, namely, to the legal representatives of the insured. The words “legal representatives” were employed in the certificates in the sense of executors and administrators. Loos v. Insurance Co., 41 Mo. 538; 3 Am. and Eng. Ency. Law (2 Ed.), 975; 18 Am. and Eng. Ency. Law (2 Ed.), 813; Insurance Co. v. Bank, 121 Mo.
Read the full summary
Appeal from Howard Circuit Court. — Eon. A. H. Waller, Judge. (1) The certificates pointed out where the fund should go in the contingencies which happened, namely, to the legal representatives of the insured. The words “legal representatives” were employed in the certificates in the sense of executors and administrators. Loos v. Insurance Co., 41 Mo. 538; 3 Am. and Eng. Ency. Law (2 Ed.), 975; 18 Am. and Eng. Ency. Law (2 Ed.), 813; Insurance Co. v. Bank, 121 Mo. App. 487; Johnson v. Yan Epps, 110 111. 551; Common People v. Phelps, 78 111. 147; Wason v. Coldburn, 99 Mass. 342; Sulz v. Mutual…
1Opinion of the Court
ELLISON, J. —
A. F. Hendrix died in Howard county, unmarried. In his life time he made a will and appointed the plaintiff as his executor. As such executor plaintiff received payment of two beneficiary certificates of insurance for two thousand dollars each. The defendant Marian N. Peters was engaged to be married to deceased and the other defendants, Mary H. Hall and Magdalen L. Hendrix, are deceased’s only sisters and heirs. Defendant Marian claimed the fund under the will and the other defendants denied her right and themselves made claim thereto as only heirs of deceased. In this situation…
2Cases cited7 opinions
- Sulz v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1895
- Loos ex rel. Loos v. John Hancock Mutual Life InsuranceSupreme Court of Missouri · 1867
- Kelley v. MannSupreme Court of Iowa · 1881
- People ex rel. Schuchert v. PhelpsIllinois Supreme Court · 1875
- New York Life Insurance v. Kansas City BankMissouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- New York Life Insurance v. Bank of ItalyCalifornia Court of Appeal · 1923
- Burdett v. BurdettSupreme Court of Oklahoma · 1910
- German-American State Bank v. GodmanWashington Supreme Court · 1915
- Miller v. MillerSupreme Court of Iowa · 1925
- Ordelheide v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.