Wason v. Colburn
Massachusetts Supreme Judicial Court
Two actions of contract by the administrator of the estate of Henry E. Sanderson; the first against William G. Colburn as administrator of the estate of Elbridge L. Sanderson; and the second against Colburn individually; to recover, as money received by the defendant to the plaintiff’s use, the proceeds, collected by the defendant from the John Hancock Life Insurance Company, of a policy of insurance by them made on the life of said Elbridge L. The cases were submitted…
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Two actions of contract by the administrator of the estate of Henry E. Sanderson; the first against William G. Colburn as administrator of the estate of Elbridge L. Sanderson; and the second against Colburn individually; to recover, as money received by the defendant to the plaintiff’s use, the proceeds, collected by the defendant from the John Hancock Life Insurance Company, of a policy of insurance by them made on the life of said Elbridge L. The cases were submitted together for the determination of the full court on the following facts agreed : The John Hancock Life Insurance Company…
1Opinion of the CourtChapman, C. J.
The policy is not expressed to be for the t enefit of any third person within the meaning of Gen. Sts. c. 58, § 62.* It was primarily intended to be for the benefit of *344the assured himself, being an endowment policy for the period of ten years. In case of his decease within that period, it was made, by its terms, payable “to his heirs or representatives.” Evidence of his oral declarations, made after he received it, are inadmissible to vary its construction. Nor are mere statements that it was intended for the benefit of his son sufficient to constitute a trust. Upon his death intestate within…
2Cited by21 opinions
- Box v. LanierTennessee Supreme Court · 1903
- H. J. Mullins & Co. v. ThompsonTexas Supreme Court · 1879
- Garfield v. WhiteMassachusetts Supreme Judicial Court · 1950
- People ex rel. Schuchert v. PhelpsIllinois Supreme Court · 1875
- Silvey v. HodgdonCalifornia Supreme Court · 1877
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