Stevens v. Warren
Massachusetts Supreme Judicial Court
Bill in equity filed by the administrator of the estate of George L. D. Barton, against the administratrix of the estate of Dewey K. Warren and the next of kin of said Barton, alleging that the plaintiff bad in his hands the proceeds of a policy of insurance issued to his intestate on his life; that the defendant Warren claimed them by virtue of an assignment of the policy made to her intestate by Barton; and that the next of kin of Barton claimed them as assets of his…
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Bill in equity filed by the administrator of the estate of George L. D. Barton, against the administratrix of the estate of Dewey K. Warren and the next of kin of said Barton, alleging that the plaintiff bad in his hands the proceeds of a policy of insurance issued to his intestate on his life; that the defendant Warren claimed them by virtue of an assignment of the policy made to her intestate by Barton; and that the next of kin of Barton claimed them as assets of his estate; and praying that the defendants might interplead. The defendants answered, and agreed that the court might, if it saw…
1Opinion of the CourtWells, J.
The plaintiff, as administrator of Barton, holds the proceeds of a policy of insurance upon the life of his intestate. The fund is assets in his hands for the benefit of one af the defendants as next of kin, after payment of debts, unless *565the other defendant is entitled to receive it by virtue of an assignment of the policy in the lifetime of the assured.
It is not propeny a case for interpleader. But the plaintiff sustains a twofold relation to the fund. If the claim of the defendant Warren can be maintained, either at law or in equity, it is not like an ordinary demand against the estate…
2Cases cited2 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Lord v. DallMassachusetts Supreme Judicial Court · 1815
3Cited by34 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Mutual Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1884
- Elkhart Mutual Aid, Benevolent & Relief Ass'n v. HoughtonIndiana Supreme Court · 1885
- Price v. Supreme Lodge Knights of HonorTexas Supreme Court · 1887
- Franklin Life Insurance v. HazzardIndiana Supreme Court · 1872
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