Legal Opinion

Travelers' Insurance v. Grant

New Jersey Court of Chancery

Decided February 15, 1896PublishedCited by 5 opinions

Bill of interpleader. Heard on pleadings and proofs upon issue joined between the defendants. This is a bill of interpleader.

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Bill of interpleader. Heard on pleadings and proofs upon issue joined between the defendants. This is a bill of interpleader. The contesting defendants are, on the one part, James J. Grant, administrator cum testamento annexo of Frank E. McNichols, deceased, appointed by the probate court of Stark county, Ohio, January 17th, 1894; and, on the other part, Martha E. McNichols, individually and as administratrix of said deceased, who was her husband, by letters issued to her at a date subsequent to January 17th, 1894, by the orphans court of Camden county, in this state. 'The subject of the…

1Opinion of the Court

Pitney, V...C.

A consideration of the facts shows that the controlling question in the case is whether there was an effectual gift by the husband to the wife of the policies in question which entitles her, as against the next of kin and creditors, to the fund in court. For conceding, as I think I must upon the evidence, that the domicile of the decedent was in Ohio, yet it was not contended that the letters of administration granted in this state to. the widow were void, for want of power, but their validity was conceded. The argument was that - the Ohio administration must be taken as the…

2Cases cited6 opinions

  1. Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
  2. Camp's Appeal from ProbateSupreme Court of Connecticut · 1869
  3. Stevens v. WarrenMassachusetts Supreme Judicial Court · 1869
  4. Bond v. BuntingSupreme Court of Pennsylvania · 1875
  5. Sheedy v. RoachMassachusetts Supreme Judicial Court · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Metropolitan Life Insurance Co. v. PoliakoffNew Jersey Superior Court Appellate Division · 1938
  2. Gerhard v. the Travelers Ins. Co.New Jersey Superior Court Appellate Division · 1969
  3. Union Central Life Ins. v. FlickerCourt of Appeals for the Ninth Circuit · 1939
  4. Prudential Ins Co. v. DeyerbergNew Jersey Court of Chancery · 1927
  5. In Re ChryssikosNew Jersey Superior Court Appellate Division · 1944

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