Conn. Mut. Life Ins. v. Fish
Supreme Court of New Hampshire
Bill ok Interpleader. The defendants were decreed to interplead, and submitted the case upon the material facts stated in the bill, which are as follows: December 12, 1850, Mary Bingham (who died August 5,1866) procured from the plaintiffs a policy upon the life of her husband (who died October 4, 1878) for $2,000, payable to her, or her executors, administrators, and assigns, within ninety days after notice and proof of the death of her husband, or, in case her husband…
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Bill ok Interpleader. The defendants were decreed to interplead, and submitted the case upon the material facts stated in the bill, which are as follows: December 12, 1850, Mary Bingham (who died August 5,1866) procured from the plaintiffs a policy upon the life of her husband (who died October 4, 1878) for $2,000, payable to her, or her executors, administrators, and assigns, within ninety days after notice and proof of the death of her husband, or, in case her husband should survive her, payable after his death to her children for their use, or to their guardian if under age. At the time of…
1Opinion of the CourtSmith, J.
By the terms of the policy, the sum due upon the death of Mrs. Bingham’s husband is payable to her children. Who -were intended by the term “ children ” is to be determined from the circumstances of the assured at the time the contract -was entered into, as well as from the terms of the contract itself. Swain v. Saltmarsh, 54 N. H. 9, 16; Ordway v. Dow, 55 N. H. 11, 17. One of the children of the assured haying died during her lifetime, without issue and unmarried, the inquiry is narrowed to the question whether the policy is payable to the child who survived the father, or to the children…
2Cases cited2 opinions
- Ordway v. DowSupreme Court of New Hampshire · 1874
- Richardson v. MartinSupreme Court of New Hampshire · 1874