Runyan v. Runyan
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; The constitution of the association fixes the benefit fund absolutely in the legal representatives of the insured, with the power in him to designate any one he might desire who is in the class designated in the contract.
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Appeal from Columbia Circuit Court; George W. Hays, Judge; The constitution of the association fixes the benefit fund absolutely in the legal representatives of the insured, with the power in him to designate any one he might desire who is in the class designated in the contract. “Legal representatives” has no fixed judicial meaning, but is construed in each case to mean that which is justified by the contract. 4 L. R. A. (N. 5. ) 939; 117 U. S. 879. A demurrer admits only such facts as are well pleaded, and it does not admit any conclusions of law, nor allegations which the law does not…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by Florida Runyan, the plaintiff below, to recover upon a certificate of insurance issued upon the life of Jordan Runyan, in which she claims that, as his widow, she was named as the sole beneficiary. Upon the death of Jordan Runyan, he left surviving him two children as his only heirs in addition to his said widow. These children claimed that they were joint beneficiaries with the widow under said certificate of life insurance, and demanded from the Benefit Association issuing same their proportionate part thereof. This action was instituted by said widow…
2Cases cited3 opinions
- Wiggin v. Knights of PythiasUnited States Circuit Court · 1887
- Manson v. Grand Lodge Ancient Order of United WorkmenSupreme Court of Minnesota · 1883
- Davidson v. Supreme Lodge, Knights of PythiasMissouri Court of Appeals · 1886
3Cited by4 opinions
- Peoples Protective Life Insurance Co. v. SmithSupreme Court of Arkansas · 1974
- Dennis v. Equitable Life Assurance SocietySupreme Court of Arkansas · 1935
- Potter v. YoungSupreme Court of Arkansas · 1937
- Ozark-Badger Company v. RobertsSupreme Court of Arkansas · 1926