Webster v. Modern Woodmen of America
Supreme Court of Iowa
Appeal from Henry District Court. — Osoar Hale, Judge. ACTION at law, tried to tbe court, by agreement, without a jury, to recover upon a certificate issued by defendant on the life of Jed Webster, deceased, in which plaintiff was named as beneficiary. The defendant made no contest, but asked, and was permitted by the court, to pay the amount of the policy into court. This was done, and the defendant discharged from further liability.
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Appeal from Henry District Court. — Osoar Hale, Judge. ACTION at law, tried to tbe court, by agreement, without a jury, to recover upon a certificate issued by defendant on the life of Jed Webster, deceased, in which plaintiff was named as beneficiary. The defendant made no contest, but asked, and was permitted by the court, to pay the amount of the policy into court. This was done, and the defendant discharged from further liability. Interveners claim that the proceeds of the policy should go to them, and not to the plaintiff. Trial to the court upon an agreed statement of facts. The trial…
1Opinion of the CourtPreston, J.
There is no conflict in the testimony as to the material facts. The question is whether plaintiff or inter-veners are entitled to the money. Interveners are the children and only heirs of deceased.
It appears that Jed Webster first became a member of defendant association in 1894, at Merritt, Illinois, and the $2,000 certificate was issued to him. At that time, he made his then wife, Emma Webster, the beneficiary in the certificate. She was the mother of appellants. She died in 1913. On September 12, 1919, plaintiff obtained a divorce from her then husband, Lewis, in the courts of Illinois.…
2Cases cited16 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Moran v. MoranSupreme Court of Iowa · 1909
- Wilson v. CookIllinois Supreme Court · 1912
- Durland v. DurlandSupreme Court of Kansas · 1903
- Hamilton v. McNeillSupreme Court of Iowa · 1911
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3Cited by6 opinions
- King v. KlempNew Jersey Court of Chancery · 1947
- In Re Estate of KinkeadSupreme Court of Minnesota · 1953
- Pickard v. PickardSupreme Court of Iowa · 1950
- Andrew v. IngvoldstadSupreme Court of Iowa · 1934
- Seeley v. ErringerSupreme Court of Minnesota · 1953
1 more not listed; retrieve them via the Exa API.