Splawn v. Chew
Texas Supreme Court
Appeal from Reel River. Tried below before the Hon. R. R. Gaines. On the 20th day of December, 1880, E. J. Chew took out a benefit certificate in the order known as the American Legion of Honor, for §5,000, payable to “W. R. and Helen M. Chew, father and mother.”
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Appeal from Reel River. Tried below before the Hon. R. R. Gaines. On the 20th day of December, 1880, E. J. Chew took out a benefit certificate in the order known as the American Legion of Honor, for §5,000, payable to “W. R. and Helen M. Chew, father and mother.” He was a member of the local lodge of that order at Clarksville, Texas, by reason of which membership he obtained,the certificate, and he continued as a member and retained possession of the benefit certificate and paid the assessments and premiums upon it until his death, which occurred on the 19th of December, 1882, in Red River…
1Opinion of the Court
Willie, Chief Justice.
It seems pretty well settled by authority that in cases of an ordinary life insurance policy the beneficiaries named in such policy become the owners of it the moment it is issued, and the person procuring the insurance cannot by any subsequent act of his transfer to others the interest of those beneficiaries. Bliss on Life Ins., §§ 317, 337; Ricker v. Charter Oak Life Ins. Co., 27 Minn., 193.
The principle upon which this doctrine rests is that “ the rights under the policy become vested immediately upon its being issued, so that no person other than those designated in…
2Cases cited8 opinions
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Black v. J. W. Zacharie & Co.Supreme Court of the United States · 1845
- New England Fire & Marine Insurance v. RobinsonIndiana Supreme Court · 1865
- Bicker v. Charter Oak Life InsuranceSupreme Court of Minnesota · 1880
- Duke v. Cahawba Navigation Co.Supreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Edds v. Mitchell, Admr.Texas Supreme Court · 1945
- Martin v. StubbingsIllinois Supreme Court · 1888
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Masonic Mutual Benefit Society v. BurkhartIndiana Supreme Court · 1887
- Delaney v. DelaneyIllinois Supreme Court · 1898
74 more not listed; retrieve them via the Exa API.