Opitz v. Karel
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: WaeeeN D. TaeeaNt, Circuit Judge. Plaintiff brings this action to recover the proceeds of a life insurance policy issued by the Prudential Life Insurance Company of America on the life of William Enos, payable to bis executors, administrators, or assigns. Sbe claims to be owner of this policy as a gift by the insured. Tbe action was instituted against the company.
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Appeal from a judgment of the circuit court for Milwaukee county: WaeeeN D. TaeeaNt, Circuit Judge. Plaintiff brings this action to recover the proceeds of a life insurance policy issued by the Prudential Life Insurance Company of America on the life of William Enos, payable to bis executors, administrators, or assigns. Sbe claims to be owner of this policy as a gift by the insured. Tbe action was instituted against the company. It appeared, paid the amount due thereon into court, subject to its order, and prayed tbat Oscar Opitz, as administrator of the estate of William Enos, deceased, be…
1Opinion of the CourtSiebecker, J.
The facts in this case present the question, Could the proceeds of this policy be made the subject of a gift, as claimed by the plaintiff ? To consummate a gift inter vivos, there must be an absolute delivery of the subject of the gift by the donor, with an intention to part with his interest in and dominion over the property sought to be transferred. The rule seems well settled that bonds and other negotiable instruments for the payment of money can be transferred by delivery to the intended donee as a gift with*530out a written assignment. The essential requirement in eases of gifts is that…
2Cases cited27 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899
22 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- McDonald v. McDonaldSupreme Court of Alabama · 1926
- Clements v. TerrellSupreme Court of Georgia · 1928
- Katzman v. Ætna Life InsuranceNew York Court of Appeals · 1955
- Faubel v. EckhartWisconsin Supreme Court · 1912
- Van Horn v. StockhamSupreme Court of Iowa · 1922
47 more not listed; retrieve them via the Exa API.