Mitchell v. Langley
Supreme Court of Georgia
Action for damages. Before Judge Reid. Rockdale superior court. February 21, 1914. Georgia Langley brought suit against Cora G. Mitchell, alleging in substance as follows: The plaintiff and the defendant were sisters, and they had another sister. They had a half-brother who had resided for some time in the State of Colorado, and who had been in feeble health, weak in body and mind, and liable to be'influenced.
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Action for damages. Before Judge Reid. Rockdale superior court. February 21, 1914. Georgia Langley brought suit against Cora G. Mitchell, alleging in substance as follows: The plaintiff and the defendant were sisters, and they had another sister. They had a half-brother who had resided for some time in the State of Colorado, and who had been in feeble health, weak in body and mind, and liable to be'influenced. In 1904, he took out a benefit certificate in the Royal Arcanum for $3,000, payable at his death to his three half-sisters, one third each. In 1911, in order to induce the member to…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. It is well settled that, in the absence of a clause of defeasance, or one providing for a change of beneficiaries, the beneficiary in an ordinary policy of life-insurance has a vested interest which the insured can not divest at his mere volition. In benefit societies, it is generally held, the beneficiary named in the certificate does not stand in the same position as the beneficiary named in an ordinary life-insurance policy. It has frequently been said that a beneficiary in such a certificate has only an expectancy, and not a vested interest, so as to…
2Cases cited20 opinions
- Rice v. . ManleyNew York Court of Appeals · 1876
- Plant v. WoodsMassachusetts Supreme Judicial Court · 1900
- Kujek v. . GoldmanNew York Court of Appeals · 1896
- Moran v. DunphyMassachusetts Supreme Judicial Court · 1901
- May v. WoodMassachusetts Supreme Judicial Court · 1898
15 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Fell v. RamboCourt of Appeals of Tennessee · 2000
- Nemeth v. BanhalmiAppellate Court of Illinois · 1981
- CRY v. CoteSupreme Judicial Court of Maine · 1979
- Creek v. LaskiMichigan Supreme Court · 1929
- Harmon v. HarmonSupreme Judicial Court of Maine · 1979
32 more not listed; retrieve them via the Exa API.