Hendricks v. Prudential Insurance Co. of America

Opinion by

Kenworthey, J.,

This is an action on an insurance policy on the life of James Miller Hendricks. The action is by Anna E. Hendricks, administratrix of his estate. The policy was payable to “Mary Hendricks, Beneficiary, Wife of the Insured.” After his death, on June 3, 1940, the proceeds of the policy were paid to Mary (or Marie) Cohen, Hendricks’ paramour, with whom he had openly lived for over five years and by whom he had three children. Plaintiff is Hendricks’ legal wife. She does not claim she is the beneficiary actually named in the policy. She claims under the clause which…