Legal Opinion

Dobelin v. Ladies of the Maccabees of the World

Wisconsin Supreme Court

Decided March 9, 1920PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The defendant, as a fraternal beneficiary association, issued a benefit certificate November 24, 1905, on the life of one Rose Josephine Ball Dobelin, then the wife of the plaintiff, for the sum of $500, payable within three months after satisfactory proof of her death to her therein named beneficiaries, Bernhard Paul Hanson and Wilhelm Otto Hanson, her brothers, to be equally divided…

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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The defendant, as a fraternal beneficiary association, issued a benefit certificate November 24, 1905, on the life of one Rose Josephine Ball Dobelin, then the wife of the plaintiff, for the sum of $500, payable within three months after satisfactory proof of her death to her therein named beneficiaries, Bernhard Paul Hanson and Wilhelm Otto Hanson, her brothers, to be equally divided between them. On its face this certificate appears to have been issued in lieu of a former certificate of January 10,…

1Opinion of the Court

The following opinions were filed December 2, 1919:

Eschweiler, J.

There is no question needing consideration in the disposal of this case other than whether the evidence was sufficient to warrant the conclusion of the trial court that the death of one of the brothers, Bernhard, took place prior to the death of the insured.

The testimony upon which such conclusion must rest, if it can be sustained, is in substance that these two brothers, *56togethei* with their sister, the deceased, and their mother, lived in the city of Madison until a few years prior to the marriage of plaintiff and deceased,…

2Cases cited2 opinions

  1. Fidelity Mutual Life Ass'n v. MettlerSupreme Court of the United States · 1902
  2. White v. Brotherhood of Locomotive FiremenWisconsin Supreme Court · 1917

3Cited by8 opinions

  1. United States v. RobertsonCourt of Appeals for the Ninth Circuit · 1930
  2. Delaney v. Metropolitan Life InsuranceWisconsin Supreme Court · 1934
  3. Westphal v. Kansas City Life Ins.Court of Appeals for the Seventh Circuit · 1942
  4. Kietzmann v. Northwestern Mutual Life InsuranceWisconsin Supreme Court · 1944
  5. Hogaboam v. Metropolitan Life Insurance Co.Wisconsin Supreme Court · 1945

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