Legal Opinion

Metropolitan Life Insurance v. O'Donnell

Supreme Court of Delaware

Decided October 23, 1917PublishedCited by 7 opinions

Statement of the Case. The Chancellor found for Elizabeth A. O’Donnell as to the policy issued by the Metropolitan Life Insurance Company, and for George H. McGovern, administrator of Mary C. McGovern, deceased, as to the policy, issued by the Economic Insurance Company of America. The respondents below appealed and the complainant below filed a cross-appeal. The terms of the decree entered by the Chancellor are shown by the several assignments of error.

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Statement of the Case. The Chancellor found for Elizabeth A. O’Donnell as to the policy issued by the Metropolitan Life Insurance Company, and for George H. McGovern, administrator of Mary C. McGovern, deceased, as to the policy, issued by the Economic Insurance Company of America. The respondents below appealed and the complainant below filed a cross-appeal. The terms of the decree entered by the Chancellor are shown by the several assignments of error. The appellants, respondents below, say: That the Chancellor erred in that he ordered, adjudged and decreed (1) that the said George H.…

1Opinion of the Court

Boyce, J.,

after stating the case, delivering the opinion of the court:

The appeal and cross-appeal bring before this court the same questions which were before the Chancellor.

The purpose of the bill was to determine the rights between Elizabeth A. O’Donnell, "the complainant, and George H. McGovern, administrator of Mary C. McGovern, deceased, one of the respondents, to the proceeds of the two policies in question, and to enforce payment thereof to the complainant.

Gilkey, the insured, made applications on forms of the' company to change the beneficiary named in the policies, so as to make them…

2Cases cited2 opinions

  1. Jory v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1894
  2. Lahey v. . LaheyNew York Court of Appeals · 1903

3Cited by7 opinions

  1. Stephenson v. Commonwealth & Southern Corp.Supreme Court of Delaware · 1933
  2. New York Life Insurance Company v. LawsonDistrict Court, D. Delaware · 1955
  3. New York Life Insurance v. CannonCourt of Chancery of Delaware · 1937
  4. Acacia Mutual Life Insurance v. NewcombCourt of Chancery of Delaware · 1941
  5. Kurgan v. Prudential InsuranceAppellate Court of Illinois · 1950

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