Legal Opinion

Matlock v. Bledsoe

Supreme Court of Arkansas

Decided November 4, 1905PublishedCited by 10 opinions

Appeal from Crawford Chancery Court; J. Virgil Bourland, Chancellor; Parol evidence was not admissible to vary, explain or contradict the terms of the policy and of the indorsement thereon. 49 Ark. 285; 54 Ark. 525; 55 Ark. 347; 62 Ark. 43. The words, “Pay the within policy to M. E. Bledsoe,” were only an order, and not an assignment of the policy. 76 Mass. 501; 119 Mass. 240. A voluntary assignment by an insolvent debtor is fraudulent and void as to creditors; and life…

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Appeal from Crawford Chancery Court; J. Virgil Bourland, Chancellor; Parol evidence was not admissible to vary, explain or contradict the terms of the policy and of the indorsement thereon. 49 Ark. 285; 54 Ark. 525; 55 Ark. 347; 62 Ark. 43. The words, “Pay the within policy to M. E. Bledsoe,” were only an order, and not an assignment of the policy. 76 Mass. 501; 119 Mass. 240. A voluntary assignment by an insolvent debtor is fraudulent and void as to creditors; and life insurance policies stand upon the same footing as other personal property, in respect to the necessity for and sufficiency…

1Opinion of the CourtRiddick, J.

In 1902 Walter Henry took out a. policy of insurance on his life for the sum of $3,000. The policy was made payable on the death of Henry to his executors, administrators or assigns. At the time this policy was taken out Henry was a. widower with three minor children, the eldest being about thirteen yearsof age. Mrs. M. E. Bledsoe,the mother of his deceased wife, lived with him, and assisted in caring for his children. He died in 1903. A day or two before his death he wrote on the policy the words, “Pay the within policy to M. E. Bledsoe,” signed his name to it, and then delivered the policy…

2Cases cited3 opinions

  1. New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
  2. Mutual Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1884
  3. Anderson v. DunnSupreme Court of Arkansas · 1858

3Cited by10 opinions

  1. Ferrell, Administratrix v. HollandSupreme Court of Arkansas · 1943
  2. United Assurance Ass'n v. FrederickSupreme Court of Arkansas · 1917
  3. Webster v. TelleSupreme Court of Arkansas · 1928
  4. Page v. Metropolitan Life InsuranceSupreme Court of Arkansas · 1911
  5. Langford v. National Life & Accident InsuranceSupreme Court of Arkansas · 1915

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