Millard v. Brayton
Massachusetts Supreme Judicial Court
Contract brought by the administrator of Isabelle S. Millard, daughter of Shubael W. Brayton, to recover from the executrix of said Shubael a portion of a sum of money paid to her by the Mutual Life Insurance Company of New York. Writ dated April 24, 1899. The case was. tried in the Superior Court, before Sherman, J., without a jury.
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Contract brought by the administrator of Isabelle S. Millard, daughter of Shubael W. Brayton, to recover from the executrix of said Shubael a portion of a sum of money paid to her by the Mutual Life Insurance Company of New York. Writ dated April 24, 1899. The case was. tried in the Superior Court, before Sherman, J., without a jury. The plaintiff’s right to recover depended on whether the estate of his intestate was entitled to share in the benefit of a policy issued by the Mutual Life Insurance Company of New York upon the life of Shubael W. Brayton. The policy was dated July 16,1868, and…
1Opinion of the CourtHammond, J.
In 1868 the Mutual Life Insurance Company of New York issued a policy upon the life of Shubael W. Bray-ton, then a resident of North Adams in this State, in the sum of $10,000, “ for the sole use of his said wife,” Sarah M. Brayton, the money to be paid to her if living at the death of her husband, “ and if not living, to her children, or their guardian, for their use.”
She died in 1877, leaving her husband and three children surviving. Of these children, William, never having married, died in 1881, a minor. Harriott died in 1888, leaving a husband but no children surviving.- Isabelle in 1876…
2Cases cited22 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Mutual Life Insurance v. PhinneySupreme Court of the United States · 1900
- Mutual Life Ins. Co. of NY v. CohenSupreme Court of the United States · 1900
17 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- New York Life Insurance v. HardisonMassachusetts Supreme Judicial Court · 1908
- Hyfer v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1945
- Lewis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1901
- United States Casualty Co. v. KacerSupreme Court of Missouri · 1902
- Shea v. Aetna Life InsuranceMassachusetts Supreme Judicial Court · 1935
27 more not listed; retrieve them via the Exa API.