Legal Opinion

McCutcheon's Appeal

Supreme Court of Pennsylvania

Decided November 21, 1881PublishedCited by 12 opinions

Appeal from a decree of tbe Court of Common Pleas No. 1, oí Allegheny comity: Inequity: Of October and November Term 1881, No. 294. This was an appeal by Clarissa McCutcheon from a decree overruling her exceptions to the report of a master and confirming the same.

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Appeal from a decree of tbe Court of Common Pleas No. 1, oí Allegheny comity: Inequity: Of October and November Term 1881, No. 294. This was an appeal by Clarissa McCutcheon from a decree overruling her exceptions to the report of a master and confirming the same. A bill in equity for an interpleader was filed by the .¿Etna Life Insurance Company against Clarissa McCutcheon, and Sarah Ann Wilson, executrix of John Wilson, deceased, to determine the title, as between the defendants, to a fund due by the said insurance company upon two policies of life insurance, upon the life of William…

1Opinion of the CourtJustice Green

In Elliott’s Executors’ Appeal, 14 Wr. 75, it was carefully *137said that we did not intend the doctrine of that case to apply to the case of policies effected directly to the wife. Head, J., on p. 83, used the following language, “ We are to be understood in thus deciding this case that we do not mean to extend it to policies effected without fraud directly and on their face for the benefit of the wife and payable to her; such policies are not fraudulent as to creditors, and! are not touched by this decision.”

The policies in that case were effected in the name of the husband and by him assigned…

2Cited by12 opinions

  1. Irving Bank v. AlexanderSupreme Court of Pennsylvania · 1924
  2. Equitable Life Assurance Society of the United States v. HitchcockMichigan Supreme Court · 1935
  3. Huff's EstateSupreme Court of Pennsylvania · 1930
  4. Provident Trust Co. v. RothmanSupreme Court of Pennsylvania · 1935
  5. In Re LangDistrict Court, E.D. Pennsylvania · 1927

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