Taylor v. Hill
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dome County. Guardian’s accounting. Plaintiffs and respondents are the children of George Paine, deceased, who died testate in July, 1870, leaving surviving his widow, Maria P. Paine (now Maria P. Clark), and his children, the plaintiffs, then aged fourteen, nine, and six years, respectively.
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APPEAL from the Circuit Court for Dome County. Guardian’s accounting. Plaintiffs and respondents are the children of George Paine, deceased, who died testate in July, 1870, leaving surviving his widow, Maria P. Paine (now Maria P. Clark), and his children, the plaintiffs, then aged fourteen, nine, and six years, respectively. By his will said deceased gave all his property to his wife, and said will was probated, and his wife appointed and duly qualified’as executrix thereof. In February, I860, Maria P. Paine effected a policy of insurance on the life of her husband in the Mutual Life…
1Opinion of the CourtWinslow, J.
The appellant’s contentions are, in brief: First, that Mrs. Paine was the sole owner of the moneys realized from the insurance policy, because (a) under the law as it existed in 1860, and the charter of the insurance company, neither Mrs. Paine nor the company had power to enter into a contract of insurance for the immediate *103benefit of the respondents, and (b) even if such power existed, the true construction of the policy is that the loss is payable to Mrs. Paine alone if she survives her husband, and to the children only in case her death precedes his; second, that in any event the children…
2Cases cited4 opinions
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Fawcett v. FawcettWisconsin Supreme Court · 1893
- Felix v. Grand Lodge of the Ancient Order of United WorkmenSupreme Court of Kansas · 1883
- Jackman v. NelsonMassachusetts Supreme Judicial Court · 1888
3Cited by12 opinions
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- D'ANGELO v. Cornell Paperboard Products Co.Wisconsin Supreme Court · 1973
- Hutson v. JensonWisconsin Supreme Court · 1901
- McKeigue v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Home Mutual Insurance v. Insurance Co. of North AmericaWisconsin Supreme Court · 1963
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