Lincoln v. Equitable Life Assur. Soc.
Mississippi Supreme Court
Appeal from chancery court of Lauderdale county. 11 on. G. C. Tanin, Chancellor. Suit by Mrs. S. K. Lincoln, executrix of the estate of John Kerr, deceased, against the Equitable Life Assurance Society and another. From an adverse decree, plaintiff appeals.
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Appeal from chancery court of Lauderdale county. 11 on. G. C. Tanin, Chancellor. Suit by Mrs. S. K. Lincoln, executrix of the estate of John Kerr, deceased, against the Equitable Life Assurance Society and another. From an adverse decree, plaintiff appeals. The insurance company had the right to prohibit the assignment, or negotiability of the .policy, and inserted therein as a part of the policy the following clauses: “No person except one of the following executive officers of the society at its home office in New York; viz: the president, one of the vice-presidents, the secretary., the…
1Opinion of the CourtHolden, J.
This is a suit in chancery by the executrix of the estate of John Kerr, deceased, against the Equitable Life Assur*158anee Society and Meridian Lodge of Elks to recover a balance due on a policy insuring the life of the deceased, Kerr. There was a decree awarding the balance of the proceeds of the policy to the appellee Lodge of Elks, from which decree this appeal is prosecuted.
The policy issued on the life of Mr. Kerr, deceased, and payable to his estate or his assigns, was for five thousand dollars, but at the time of his death he had borrowed from the insurance company about three thousand…
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