Duvall v. Goodson
Court of Appeals of Kentucky
Case 39 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The executor is not entitled to the fund. The charter of the company provides who shall bo the beneficiaries of the fund upon the death of a member, and their rights cannot be affected by any action of the member, or the company, or both. (Ky. M. M. Life Ins.
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Case 39 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The executor is not entitled to the fund. The charter of the company provides who shall bo the beneficiaries of the fund upon the death of a member, and their rights cannot be affected by any action of the member, or the company, or both. (Ky. M. M. Life Ins. Go. v. Miller, 13 Bush, 489.) 2. An insurance policy is in the nature of a devise, and is governed somewhat by the same rules. 3. The surviving issue of a devisee who died before the testator, takes as the devisee or legatee would have done had he survived. (Campbell v. Rawdon,…
1Opinion of the CourtChief Justice Cofer
B. F. Crowfoot, at the time of his death, had a certificate of membership in the Kentucky Masonic Insurance Company.
At the time he procured the certificate he was a widower, and had only two living children, Lou May and Anna. Lou May died in the life-time of her father, unmarried, and without issue. Anna married and died, also during the life- of her father, leaving the appellant, W. T. Duvall, her only child, surviving.
During the life of Anna, B. F. Crowfoot made his last will and testament, in the third clause of which he devised-*226bis residuary estate to his executor in trust to be invested,…
2Cases cited3 opinions
- Kentucky Masonic Mutual Life Ins. v. Miller's AdministratorCourt of Appeals of Kentucky · 1877
- Churchill v. ChurchillCourt of Appeals of Kentucky · 1859
- Hughes v. HughesCourt of Appeals of Kentucky · 1851
3Cited by24 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Masonic Mutual Benefit Society v. BurkhartIndiana Supreme Court · 1887
- Hopkins v. Hopkins' Adm'rCourt of Appeals of Kentucky · 1891
- Dennis v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1906
- Jorgensen v. DevineyNorth Dakota Supreme Court · 1928
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