Van Bibber's Adm'r v. Van Bibber
Court of Appeals of Kentucky
Case 58 — INSURANCE APPEAL FROM LOUISVILLE CHANCERY COURT. The change upon the boohs of the Presbyterian Mutual Assurance Fund is in violation of their charter, and void.
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Case 58 — INSURANCE APPEAL FROM LOUISVILLE CHANCERY COURT. The change upon the boohs of the Presbyterian Mutual Assurance Fund is in violation of their charter, and void. The association could not, under their charter, make or permit the change from the brother oi the assured to his wife without authority, and the assured, having no control over or right in the policy, could not direct such a change (Robinson v. Duvall, MS. opinion, September, 1880; Masonic- InsOo. v. Miller’s adm’r, 13 Bush, 494; Goodson v. Duvall, MS. opinion; Cooley Const. Lim.) 1. Appellee is entitled to the insurance…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
On November 5, 1879, O. Yan Bibber became a member of the corporation known as the “Presbyterian. Mutual Assurance Fund.”
TTis application for membership directed that “the sum due at my death I desire to be paid to my brother, Harvey Yan Bibberwhile, the certificate of membership provided that the benefit of not exceeding $2,000' *348■should, upon his death and the surrender of the certificate, be paid “to such person or persons as he may designate, by will or upon the books of this corporation.”
By an entry upon the company’s books also, Harvey 'Yan…
2Cases cited1 opinion
- Kentucky Masonic Mutual Life Ins. v. Miller's AdministratorCourt of Appeals of Kentucky · 1877
3Cited by7 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
- Love v. CluneSupreme Court of Colorado · 1897
- Filley v. Illinois Life InsuranceSupreme Court of Kansas · 1914
- Finnell v. FranklinSupreme Court of Colorado · 1913
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