Conigland v. . Smith
Supreme Court of North Carolina
CONTROVERSEY submitted without action under O. C. P. § 315 at Spring Term, 1878, of Halifax Superior Court, before Seymour, J. On the 5th of February, 1869, Edward Conigland insured his life in the sum of $3000, and held a policy of insurance for. that amount in which it was recited that the insurance was “ for the benefit of his children.”
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CONTROVERSEY submitted without action under O. C. P. § 315 at Spring Term, 1878, of Halifax Superior Court, before Seymour, J. On the 5th of February, 1869, Edward Conigland insured his life in the sum of $3000, and held a policy of insurance for. that amount in which it was recited that the insurance was “ for the benefit of his children.” On said 5th of February, said Conigland had four children then living — the intestate of defendant and plaintiffs, who are the wards of Henry J. Hervey. In May, 1872, Mary, the said intestate, married the defendant Charles S. Smith, and died without issue…
1Opinion of the CourtRodman, J.
When a father insures his life “ for the benefit of his children,” his manifest intention is to provide for them after his death ; it is a gift to his children to take effect in possession upon his death. To ascertain the meaning and effect of those words in prescribing the rights of the children inter se upon such a gift, it is natural and reasonable to apply to them the meaning and effect which they have been held to have in gifts by will where the purpose in view is the same.
It is settled by numerous decisions that upon a bequest to A for life, with remainder to the children of A, the…
2Cases cited1 opinion
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
3Cited by14 opinions
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
- Russell v. . OwenSupreme Court of North Carolina · 1932
- Parker v. . PotterSupreme Court of North Carolina · 1931
- Hooker v. . SuggSupreme Court of North Carolina · 1889
- Wilson v. . WilliamsSupreme Court of North Carolina · 1939
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