Morehead's Admr. v. Mayfield
Court of Appeals of Kentucky
Case 11 — Action fob Settlement of an Estate APPEAL FROM WAEREN CIRCUIT ' COURT. Judgment Awarding Proceeds of Certain Insurance Policies to Mary A. Mayfield, and Morhead’s Admr. Appeals. 1. J. S. Morehead was not competent on account of disease to make a valid transfer of the insurance policy in question. 2. There was no valid transfer of the fund, there being no delivery of the policy.
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Case 11 — Action fob Settlement of an Estate APPEAL FROM WAEREN CIRCUIT ' COURT. Judgment Awarding Proceeds of Certain Insurance Policies to Mary A. Mayfield, and Morhead’s Admr. Appeals. 1. J. S. Morehead was not competent on account of disease to make a valid transfer of the insurance policy in question. 2. There was no valid transfer of the fund, there being no delivery of the policy. Brown v. Brown’s Admr.,' 4 B. Monroe, 535; Knott’s Admr. v. Hogan, 4 Met., 99; Ashbrooks v. Ryan’s Admr., 2 Bush, 228; Parsons on Contracts, 234; Payne, &e., v. Powell, &e., 5 Bush, 248; Marcus v. St. Louis…
1Opinion of the Court
OPINION OK THE COURT BY
JUDGE WHITE
REVERSING.
In May, 1895, J. S. Morehead obtained a policy of life insurance for $5,000, payable on his death to his executors or administrators. Some years before 1895, he had taken a policy for a like sum, payable to his wife, appellee herein. On December 6, 1895, after having been ill with typhoid fever some five weeks, J. S. Morehead assigned the policy dated in May, 1895, to his wife, now Mary A. Mayfield, she having since his death married one Mayfield. The only consideration for this assignment was love and affection. Morehead died December 9th, after…
2Cases cited1 opinion
- Barbour's Administrator v. Larue's AssigneeCourt of Appeals of Kentucky · 1899
3Cited by9 opinions
- Equitable Life Assurance Society of the United States v. HitchcockMichigan Supreme Court · 1935
- Farley v. First National BankCourt of Appeals of Kentucky (pre-1976) · 1933
- Townsend's Assignee v. TownsendCourt of Appeals of Kentucky · 1907
- Lewis v. PalmerSupreme Court of Virginia · 1907
- Parks v. Park's Ex'rsCourt of Appeals of Kentucky (pre-1976) · 1941
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