Duncan v. Mutual Life Insurance

Benedict, J. (dissenting).

This action was brought to recover fifty dollars, being the amount of the surrender value of a life insurance policy. The answer, *283besides containing denials, contained a plea of payment and a denial of any interest in the policy on the part of the plaintiff Belford.

This action involves the construction of section 2650 of the Code of Civil Procedure as it was changed by chapter 520, Laws of 1914, amending the Surrogates’ Court Act (Laws of 1914, chap. 443), which went into effect September 1, 1914. The former provision regarding the qualification of guardians of…