Tucker v. State ex rel. Hart

— This was an action by the State on the relation of James Hart, and the material facts averred in the complaint may be briefly stated as follows :

That James Gavin, who died on the 4th day of July, 1873, obtained a policy of insurance in his lifetime upon his life from the Equitable Life Assurance Company, for the benefit of his wife and children, and caused the name of James W. Tucker to be inserted in the policy as trustee of the fund which was to result from such policy after. his death; that Tucker received as the proceeds of the policy the sum of $5,806.73; that, before receiving said…