Carter v. Mutual Life Insurance

OPINION OP THE OOUBT BY

PBEAB, J.

This is an action on a policy of insurance issued by the defendant company upon the life of Ilenri G. McGrew for $5000 payable upon his death, to “Alphonsine McGrew, wife of ITenri G. McGrew * * * if living, if not living to his executors, administrators or assigns.” The company stands ready to pay the money but desires that it be first judicially determined who is entitled to it — whether Alphonsine McGrew or the administrator of the insured. The doubt upon this point is occasioned by the fact that the insured prior to his decease obtained a decree of divorce…