Kelley v. Mann
Supreme Court of Iowa
Appeal from, Des Mornes Gi/reuit Gowrb. In the year 1871 J. IT. Latty effected an insurance upon his life in the sum of $5,000. By the terms of the policy the amount thereof was to be paid to the “ legal representatives ” of the insured within ninety days after proof of his death. Latty departed this life in 1873, intestate, leaving Mary E. Latty, his widow, and two children, who were then and are now minors.
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Appeal from, Des Mornes Gi/reuit Gowrb. In the year 1871 J. IT. Latty effected an insurance upon his life in the sum of $5,000. By the terms of the policy the amount thereof was to be paid to the “ legal representatives ” of the insured within ninety days after proof of his death. Latty departed this life in 1873, intestate, leaving Mary E. Latty, his widow, and two children, who were then and are now minors. Mary E. Latty was appointed administratrix of her husband’s estate and gave bond for the faithful discharge of her duty as such. The whole amount secured by the policy was afterwards…
1Opinion of the CourtRothrook, J.
i ad minis«osof°ñlfeU" insurance. I. The principal question in the case is, ■was the policy of insurance assets of the estate of James H. Ratty, to be administered upon and the proceeds to tie by the administratrix distributed to the parties entitled thereto under the law? If so, the adminstratrix and the sureties upon her bond were liable for a failure to make such distribution.
Section 1182 of the Code provides that a policy of insurance on the life of an individual shall inure to the sepai’ate ■use of the husband or wife and children of said individual, Independently of creditors. It is…
2Cited by15 opinions
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- Ellyson v. LordSupreme Court of Iowa · 1904
- Miller v. MillerSupreme Court of Iowa · 1925
- People ex rel. Brooks v. PetrieIllinois Supreme Court · 1901
- Jordan v. HunnellSupreme Court of Iowa · 1895
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