Shea v. Massachusetts Benefit Ass'n
Massachusetts Supreme Judicial Court
Contract, by the executrix of the will of John Shea, to recover upon a certificate of membership issued upon the life of Shea, and payable to Margaret B. Shea, his daughter in law. At the trial in the Superior Court, before Dewey, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
The defendant contends that the action should have been brought in the name of Margaret B. Shea, the beneficiary. She was the daughter in law of John Shea, and, as both parties contend, was not within the classes of persons who may be beneficiaries. The designation of her as beneficiary was therefore invalid, and she could not maintain an action. St. 1882, c. 195, § 1. Such invalid designation, however, does not destroy the contract, which provides that, if Margaret should not be living at John Shea’s death, then the payment should be made to *291his heirs at law. The executrix may maintain the…
2Cases cited10 opinions
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1877
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3Cited by46 opinions
- Slocum v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1923
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Lewis v. Brotherhood Accident Co.Massachusetts Supreme Judicial Court · 1907
- Kerr v. CraneMassachusetts Supreme Judicial Court · 1912
- Kidder v. Supreme Commandery United Order of the Golden CrossMassachusetts Supreme Judicial Court · 1906
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