Gould v. Emerson
Massachusetts Supreme Judicial Court
Contract by the only surviving child of Alonzo P. Gould, late of Nashua in New Hampshire, deceased, against the defendant as his administrator with the will annexed, to recover one half of the sum received by the defendant from the New England Mutual Life Insurance Company upon a policy of insurance made by them to him at Boston on February 18, 1862, upon bis life, by which they promised to pay the sum insured to him, his executors, administrators or assigns, in sixty days…
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Contract by the only surviving child of Alonzo P. Gould, late of Nashua in New Hampshire, deceased, against the defendant as his administrator with the will annexed, to recover one half of the sum received by the defendant from the New England Mutual Life Insurance Company upon a policy of insurance made by them to him at Boston on February 18, 1862, upon bis life, by which they promised to pay the sum insured to him, his executors, administrators or assigns, in sixty days after due notice and proof of his death, “ for the benefit of his widow, if any, and his then surviving child or…
1Opinion of the CourtGray, J.
The rights of the parties are regulated by the statute law of Massachusetts. It is unnecessary therefore to consider whether, by the general principles of equity jurisprudence, the policy of insurance on the life of Alonzo P. Gould, for the benefit of his wife and children, would have constituted an executed voluntary settlement which he could not have revoked by a subsequent like settlement or by will, and which could have been enforced against his representatives. See Fortescue v. Barnett, 3 Myl. & K. 36; Lewin on Trusts, (3d ed.) 86-92; Stone v. Hackett, 12 Gray, 227.
The Gen. Sts. c. 58, §…
2Cases cited1 opinion
- Burroughs v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1867
3Cited by63 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Tyler v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1917
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- The Equitable Life Assurance Society of the United States v. Sandra Porter-Englehart, Sandra Porter-EnglehartCourt of Appeals for the First Circuit · 1989
- Holland v. TaylorIndiana Supreme Court · 1887
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