Phillips v. Carpenter
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. J. H. Preston, Judge. Action to recover one-half of the amount paid upon a policy of insurance. Ur. J. H. Phillips died, leaving the plaintiff, his widow, and one child, Bessie Phillips, a minor, surviving him, of which minor H. M. Carpenter was duly qualified as guardian.
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Appeal from Jones District Court. — Hon. J. H. Preston, Judge. Action to recover one-half of the amount paid upon a policy of insurance. Ur. J. H. Phillips died, leaving the plaintiff, his widow, and one child, Bessie Phillips, a minor, surviving him, of which minor H. M. Carpenter was duly qualified as guardian. The deceased, at his death, held a certificate of insurance on his life, in full force, issued to him by the Gf-rand Lodge of the Ancient Order of United Workmen of the State of Iowa, for two thousand dollars, payable, at his death, to “ his legal heirs.” By agreement, the grand…
1Opinion of the CourtGiven, J.
I. The certificate under consideration being payable to the “legal heirs” of Dr. J. H. Phillips, deceased, the proceeds thereof are not to be divided as personal property of the estate, bnt go directly to the persons designated in the certificate. The sole question presented in the record is whether the plaintiff, widow of the deceased, isa “legal heir,” within the meaning of those words as used in the certificate. It is conceded that at common law the widow was not an heir of her husband, because her dower right began at the time of her marriage, and became complete on the death of her…
2Cases cited3 opinions
- Burns v. KeasSupreme Court of Iowa · 1866
- Blackman v. WadsworthSupreme Court of Iowa · 1884
- Smith v. ZuckmeyerSupreme Court of Iowa · 1881
3Cited by20 opinions
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Estate of Kuhn v. KuhnSupreme Court of Iowa · 1904
- Black v. JonesIllinois Supreme Court · 1914
- French v. FrenchSupreme Court of Iowa · 1892
- Finn v. WalshNorth Dakota Supreme Court · 1909
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