Legal Opinion

Rhode v. Bank

Supreme Court of Iowa

Decided December 2, 1879PublishedCited by 9 opinions

Appeal from Lee Circuit Court. Adalbert 11. E. Rhode, deceased, at the time of his death held an insurance policy on his life in the Mutual Benefit Life Insurance Company. The policy was for $1,000, payable to the assured, his executors, administrators or assigns. The plaintiff is the widow of said Rhode, and he left no children surviving him, and never had any children as the fruits of his marriage with plaintiff.

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Appeal from Lee Circuit Court. Adalbert 11. E. Rhode, deceased, at the time of his death held an insurance policy on his life in the Mutual Benefit Life Insurance Company. The policy was for $1,000, payable to the assured, his executors, administrators or assigns. The plaintiff is the widow of said Rhode, and he left no children surviving him, and never had any children as the fruits of his marriage with plaintiff. The defendant Henry Bank is the administrator of the estate of said Rhode, and as such collected upon said insurance policy the sum of $992.56. The intervenors are the brothers and…

1Opinion of the CourtRoti-irock, J.

i. life insureeeds-oPfrodis- , tntuition. Section 1330 of the Code of 1851 provided that, “The avails of any life insurance are not subject to the debts of the deceased, except by special contract or arrangement, but shall, in other respects, be disposed of like other property left by the deceased.” The same provision was contained in the Revision of 1860, section 2362. By the 18th section of chapter 173, acts of the 12th general assembly, it was provided that, “A policy of life insurance on the life of an individual, in the absence of an agreement or assignment to the contrary, shall inure…

2Cases cited1 opinion

  1. Rheim v. RobbinsSupreme Court of Iowa · 1865

3Cited by9 opinions

  1. Miller v. MillerSupreme Court of Iowa · 1925
  2. Fitzgerald v. StateSupreme Court of Iowa · 1935
  3. Carter v. BartelSupreme Court of Iowa · 1900
  4. Cassady v. GrimmelmanSupreme Court of Iowa · 1899
  5. Larrabee v. PalmerSupreme Court of Iowa · 1897

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