Legal Opinion

Hersam v. Ætna Life Insurance

Massachusetts Supreme Judicial Court

Decided January 3, 1917PublishedCited by 7 opinions

Contract upon a policy of life insurance insuring the life of one Martha A. Thompson, the plaintiff’s testatrix. Upon the defendant’s answer, Ellena T. Palmeter, who was a daughter of the husband of the testatrix, Eben S. Thompson, who had died before the policy was issued, and also was administratrix with the will annexed of his goods and estate not already administered and residuary legatee under his will, became a claimant for the amount of the policy.

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Contract upon a policy of life insurance insuring the life of one Martha A. Thompson, the plaintiff’s testatrix. Upon the defendant’s answer, Ellena T. Palmeter, who was a daughter of the husband of the testatrix, Eben S. Thompson, who had died before the policy was issued, and also was administratrix with the will annexed of his goods and estate not already administered and residuary legatee under his will, became a claimant for the amount of the policy. Writ in the Municipal Court of the City of Boston dated December 2,' 1915. In the Municipal Court the action was tried upon an agreed…

1Opinion of the CourtDe Courcy, J.

The insurance policy was issued on the life of Martha A. Thompson, the plaintiff’s testatrix, and was payable “to her husband, Eben S. Thompson, or in the event of his death before hers to their children, their executors, administrators or assigns.” It was a -paid up policy for $612, executed ánd delivered on or about June 28, 1877, and apparently was given in consideration of the surrender of a life policy for $1,000, dated June 11, 1865. Eben S. died February 3, 1877, or more than four months before the policy in question was issued. No children were born to him and Martha A., but he had a…

2Cases cited8 opinions

  1. Fuller v. LinzeeMassachusetts Supreme Judicial Court · 1883
  2. Millard v. BraytonMassachusetts Supreme Judicial Court · 1901
  3. Pingrey v. National Life InsuranceMassachusetts Supreme Judicial Court · 1887
  4. Wilde v. WildeMassachusetts Supreme Judicial Court · 1911
  5. Davis v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1912

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Resnek v. Mutual Life Insurance Co. of New YorkMassachusetts Supreme Judicial Court · 1934
  2. Strachan v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1947
  3. Kruger v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1937
  4. Jenkins v. Packingtown Realty CompanySupreme Court of Arkansas · 1925
  5. Mosaic Templars of America v. RaifeAlabama Court of Appeals · 1926

2 more not listed; retrieve them via the Exa API.

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