Legal Opinion

Kress v. Kress

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 65PublishedCited by 12 opinions

Appeal, No. 65, Oct. T., 1920, by plaintiff, from judgment of O. P. No. 5, Phila. Co., Sept. T., 1917, No. 3458, sustaining demurrer in favor of defendant in tbe case of Sadye G. Kress v. Rebecca Kress. Interpleader to determine to whom to pay benefits of life insurance policy. Before Martin, P. J. Tbe facts are stated in tbe opinion of tbe Superior Court.

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Appeal, No. 65, Oct. T., 1920, by plaintiff, from judgment of O. P. No. 5, Phila. Co., Sept. T., 1917, No. 3458, sustaining demurrer in favor of defendant in tbe case of Sadye G. Kress v. Rebecca Kress. Interpleader to determine to whom to pay benefits of life insurance policy. Before Martin, P. J. Tbe facts are stated in tbe opinion of tbe Superior Court. Tbe fund was paid into court and an issue framed to determine tbe right thereto, with Sadye Kress, as plaintiff, and Rebecca Kress, as defendant. A rule was granted on tbe defendant in tbe interpleader to show cause why tbe fund in court…

1Opinion of the Court

Per Curiam,

The Metropolitan Life Insurance Company issued a policy upon the life of Israel C. Kress, in the sum of $1,000 in which Rebecca Kress, the mother of the insured was named as beneficiary. The policy contained a clause entitled “Change of Beneficiaries,” viz: “When the right of revocation has been reserved, the insured, if there be no existing assignment in the policy, may as herein provided, while the policy is in force, designate the new beneficiary with or without reserving the right of revocation, by filing a written notice thereof at the home office of the company, accompanied…

2Cases cited5 opinions

  1. Freund v. FreundIllinois Supreme Court · 1905
  2. Grant v. FairesSupreme Court of Pennsylvania · 1916
  3. French v. Provident Savings Life Assurance Society of New YorkMassachusetts Supreme Judicial Court · 1910
  4. Jinks v. Banner Lodge No. 484Supreme Court of Pennsylvania · 1891
  5. Burst v. WeisenbornSuperior Court of Pennsylvania · 1896

3Cited by12 opinions

  1. Sproat v. Travelers Insurance Co.Supreme Court of Pennsylvania · 1927
  2. Gannon v. GannonSuperior Court of Pennsylvania · 1926
  3. Estate of K.I. Sanes. (No. 1.)Superior Court of Pennsylvania · 1927
  4. Herrod v. KimbroughSuperior Court of Pennsylvania · 1924
  5. Tomilio v. PiscoSuperior Court of Pennsylvania · 1936

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