Legal Opinion

Charter Oak Life Insurance v. Brant

Supreme Court of Missouri

Decided March 15, 1871PublishedCited by 20 opinions

Jlppcal from Si. Louis Circuit Court. 1. That the assignment of the husband was invalid against the wife’s title by survivorship is well settled, by our own -decisions as well as the English and other American authorities. (Wood v. Simmons, 20 Mo. 363 ; Craft v. Bolton, 31 Mo. 355:; Purdew v. Jackson, 1 Russell, ck. 1; Honor v* Marton, 3 Russell, 65 ; Sto.

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Jlppcal from Si. Louis Circuit Court. 1. That the assignment of the husband was invalid against the wife’s title by survivorship is well settled, by our own -decisions as well as the English and other American authorities. (Wood v. Simmons, 20 Mo. 363 ; Craft v. Bolton, 31 Mo. 355:; Purdew v. Jackson, 1 Russell, ck. 1; Honor v* Marton, 3 Russell, 65 ; Sto. Eq., § 1413 ; Hornsby v. Lee, 2 Madd. 16.) H. The only question, then, is whether the wife was capable of parting with her reversionary equitable interest in this policy. I insist that such a power would be against the policy of the…

1Opinion of the CourtWagner, Judge

This was a proceeding in the nature of a bill o£ interpleader brought by the plaintiff against Matilda Brant, widow of Henry B. Brant, deceased, and Hurck and Stagg, praying to be allowed to pay into court the proceeds of a certain policy of insurance on the life of Henry B. Brant, deceased, and asking that the defendants be required to interplead in order to have a determination of their respective rights. The court below adjudged that Hurck, as trustee of Stagg, was entitled to the money, and from that decision Mrs. Brant appealed. The policy was issued for $5,000, payable to the sole and…

2Cases cited5 opinions

  1. Eadie v. . SlimmonNew York Court of Appeals · 1862
  2. McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
  3. Kerman v. HowardWisconsin Supreme Court · 1868
  4. Wood v. SimmonsSupreme Court of Missouri · 1855
  5. Croft v. BoltonSupreme Court of Missouri · 1861

3Cited by20 opinions

  1. Guarantee Loan & Trust Co. v. FayWashington Supreme Court · 1896
  2. Burdett v. BurdettSupreme Court of Oklahoma · 1910
  3. Missouri State Life Insurance v. California State BankMissouri Court of Appeals · 1919
  4. Cole v. MarpleIllinois Supreme Court · 1880
  5. Mente v. TownsendSupreme Court of Arkansas · 1900

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