Whitehurst's Adm'r v. Whitehurst's Widow
Supreme Court of Virginia
Appeal from decree of corporation court of Norfolk city, in cause of O. E. Whitehurst, in his own right, and as administrator of Charles H. Whitehurst, deceased, and others, complainants, against Mrs. Lydia W. Whitehurst, widow of said Charles H. Whitehurst, defendant. The decree gave to the defendant the fund, §2,000, in controversy, and the •complainants procured from one of the judges of this court •an appeal and supersedeas.
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Appeal from decree of corporation court of Norfolk city, in cause of O. E. Whitehurst, in his own right, and as administrator of Charles H. Whitehurst, deceased, and others, complainants, against Mrs. Lydia W. Whitehurst, widow of said Charles H. Whitehurst, defendant. The decree gave to the defendant the fund, §2,000, in controversy, and the •complainants procured from one of the judges of this court •an appeal and supersedeas. The case was substantially as follows: In November, 1883, the said Charles H. Whitehurst departed this life, leaving a widow and several adult children, but no infant…
1Opinion of the Court
Lewis, P.,
(after stating the case) delivered the opinion of the court.
The appellants contend that the decisive question in the case is one of intention on the part of the insured; that, *155he having in his application for membership in the association directed the sum due at his death to be paid as by his will he might designate, his failure thereafter to make a will manifested an intention to leave the fund to be distributed as a part of his estate; and various reasons are urged in support of this position. But we are of opinion that this is not the correct view, and that the decree sustaining…
2Cases cited3 opinions
- Relfe v. RundleSupreme Court of the United States · 1881
- Bockover v. Life Ass'n of AmericaSupreme Court of Virginia · 1883
- Haden v. Farmers & Mechanics Fire Ass'nSupreme Court of Virginia · 1885
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- Lamont v. Grand Lodge Iowa Legion of HonorU.S. Circuit Court for the District of Northern Iowa · 1887
- Chicago Guaranty Fund Life Society v. WheelerAppellate Court of Illinois · 1898
- McLean v. Piedmont & Arlington Life Ins.Supreme Court of Virginia · 1877
- McLean v. Piedmont & Arlington Life Ins.Supreme Court of Virginia · 1877
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