Hubbard, Price & Co. v. Turner

Lumpkin, Justice.

Charles C. Hardwick, in his lifetime, took out a policy •of insurance payable to his “heirs or assigns.” The contest in the present case was between his creditors and his heirs at law, who were his sister, two nieces and a nephew (he never having had a wife or child), •over the fund derived from this policy, which had been paid over by the company to Hardwick’s administrator. The policy was issued in 1869; the debts due the contesting creditors were made in 1890. Hardwick had never assigned the policy, and died insolvent. There was no evidence that he was insolvent when the…