Thomas v. Leake
Texas Supreme Court
Appeal from. Grimes. Tried below before the' Hon. W. E. Oollard. This suit was brought in September, 1885, by Leake, as guardian of the minors, Margaret, Hamp, Mary and Nannie Thomas, children of Hamp Thomas, Sr., against his widow, as guardian of his youngest child, Fannie Byrd Thomas, to recover one thousand dollars, paid to her for the, benefit of .her ward by the trustees of the American Benevolent Association.
Read the full summary
Appeal from. Grimes. Tried below before the' Hon. W. E. Oollard. This suit was brought in September, 1885, by Leake, as guardian of the minors, Margaret, Hamp, Mary and Nannie Thomas, children of Hamp Thomas, Sr., against his widow, as guardian of his youngest child, Fannie Byrd Thomas, to recover one thousand dollars, paid to her for the, benefit of .her ward by the trustees of the American Benevolent Association. Hamp Thomas, Sr., when a widower, on January 10, 1882, was admitted to membership in said association on his application in which he used this language: “I direct that all benefits…
1Opinion of the Court
Willie, Chief Justice.
The general rule as to life policies of insurance is, if the policy expressly designates the persons who are to receive the insurance money, it is conclusive upon that question. (Bliss on Life Insurance, sec. 317.) The same general rule must apply to certificates issued by a benefit society, and we do not understand this to be disputed in the present case. There are, of course, some exceptions to this rule, both as to policies of insurance and benefit certificates. None of these, however, need be considered, the only question in this case being *471as to what persons are…
2Cases cited2 opinions
- Barber v. EvansSupreme Court of Minnesota · 1880
- Shotts v. PoeCourt of Appeals of Maryland · 1878
3Cited by11 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Brown v. Iowa Legion of HonorSupreme Court of Iowa · 1899
- Grand Lodge of Ancient Order of United Workmen v. SaterMissouri Court of Appeals · 1891
- White v. WhiteCourt of Appeals of Texas · 1895
- Brinsmaid v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1911
6 more not listed; retrieve them via the Exa API.