Woodworth v. Aetna Life Insurance
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Aetna Life Insurance Company against Abner P. Woodworth, Della K. Thompson, W. T. Berry, and others. From the judgment, the above-named defendants appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Aetna Life Insurance Company against Abner P. Woodworth, Della K. Thompson, W. T. Berry, and others. From the judgment, the above-named defendants appeal. The Aetna Life Insurance Company filed this bill against all the heirs of John M. Thompson and his widow, alleging that it had issued two policies on the life of said Thompson, payable as will further appear*, and that there was a dispute among the heirs as to whom and how the payments should be made,- and praying that they come in and propound their various…
1Opinion of the CourtDowdell, J.
The case was heard in the court below on an agreed statement of facts. The only question for our consideration on this appeal is whether or not Cecile T. Berry, one of the children of John M. Thompson, living at the time of the delivery of the two policies on the life of said Thompson, but who died before the assured, took a vested interest in the policies on delivery. On the authority of Drake v. Stone, 58 Ala. 133, under the facts stated and agreed upon, we hold the affirmative of the proposition, and, furthermore, that such vested interest, upon the death of said Cecile T. Berry, passed by…
2Cases cited2 opinions
- Drake v. StoneSupreme Court of Alabama · 1877
- Roquemore v. DentSupreme Court of Alabama · 1902
3Cited by5 opinions
- Morgan v. Prudential Ins. Co. of AmericaSupreme Court of Alabama · 1923
- Succession of RoderSupreme Court of Louisiana · 1908
- Boutwell v. DrinkardSupreme Court of Alabama · 1935
- Barfoot v. BarfootSupreme Court of Alabama · 1944
- Thompson v. Aetna L. I. Co.Supreme Court of Alabama · 1909