Legal Opinion

Entwistle v. Travelers Insurance

Supreme Court of Pennsylvania

Decided March 24, 1902No. Appeal, No. 262PublishedCited by 29 opinions

Appeal, No. 262, Jan. T., 1901, by defendant, from judgment of Superior Court Oct. T., 1900, No. 49, reversing judgment of Court of Common Pleas, Chester County, Aug. T., 1899, No. 86, in case of Joseph L. Entwistle, Assignee of Samuel D. Hunter and Harriet E. Hunter, v. Travelers Insurance Company. Appeal from Superior Court.

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Appeal, No. 262, Jan. T., 1901, by defendant, from judgment of Superior Court Oct. T., 1900, No. 49, reversing judgment of Court of Common Pleas, Chester County, Aug. T., 1899, No. 86, in case of Joseph L. Entwistle, Assignee of Samuel D. Hunter and Harriet E. Hunter, v. Travelers Insurance Company. Appeal from Superior Court. From the record it appeared that the policy in controversy provided that the defendant “ does hereby insure the life of Samuel D. Hunter, hereinafter called the insured, .... in the sum of $8,000, for the term of his natural life, from and after the date hereof, the…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The plaintiff in this action holds by assignment the interest of the wife in the policy in suit, but she is not the sole beneficiary. The policy is by its terms made payable to the “ wife, or in the event of her prior death, to the children of the said insured.” The interest of the wife was wholly contingent upon her surviving her husband, and she could convey no greater interest in the policy than she herself had. The interest of the children of the insured, which was created for them by the contract when the policy was issued, vested in them at the same time…

2Cited by29 opinions

  1. Henderson EstateSupreme Court of Pennsylvania · 1959
  2. Bayer's EstateSupreme Court of Pennsylvania · 1942
  3. Penn Mutual Life Insurance v. NorcrossIndiana Supreme Court · 1904
  4. Knoche, Admr. v. Mut. Life Ins. Co. of N.Y.Supreme Court of Pennsylvania · 1934
  5. Frick v. LewellynDistrict Court, W.D. Pennsylvania · 1924

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