Kendrick v.Ray
Massachusetts Supreme Judicial Court
Contract, by the administrator with the will annexed of the estate of James R. Kendrick, against the Fidelity Mutual Life Association of Philadelphia, to recover the proceeds of a policy of insurance issued upon the life of the plaintiff’s testator. The defendant admitted its liability, and paid the money into court, and the action was defended by Lucinda J. Ray, who was summoned to appear as a claimant of the fund.
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Contract, by the administrator with the will annexed of the estate of James R. Kendrick, against the Fidelity Mutual Life Association of Philadelphia, to recover the proceeds of a policy of insurance issued upon the life of the plaintiff’s testator. The defendant admitted its liability, and paid the money into court, and the action was defended by Lucinda J. Ray, who was summoned to appear as a claimant of the fund. Trial in the Superior Court, without a jury, before Mason, 0. J., who allowed a bill of exceptions in substance as follows. The application for insurance, dated November 18, 1886,…
1Opinion of the CourtMorton, J.
The evidence which was admitted against the plaintiff’s objection was clearly competent. The policy was not made payable to the plaintiff’s testator whose life was insured, but “to and for the sole and separate use and benefit of E. A. Taft, trustee.” The intention on the part of the plaintiff’s testator to create a trust of some sort was thus clearly manifested. But neither the terms of the trust nor the name of the beneficiary was disclosed in the policy. For the purpose of showing who was the beneficiary, and what the terms of the trust were, evidence of the declarations oral and written…
2Cases cited9 opinions
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Barbell v. JoyMassachusetts Supreme Judicial Court · 1819
- Urann v. CoatesMassachusetts Supreme Judicial Court · 1872
- Alger v. North End Savings BankMassachusetts Supreme Judicial Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Gurnett v. Mutual Life InsuranceIllinois Supreme Court · 1934
- Quinn v. QuinnMassachusetts Supreme Judicial Court · 1927
- The Equitable Life Assurance Society of the United States v. Sandra Porter-Englehart, Sandra Porter-EnglehartCourt of Appeals for the First Circuit · 1989
- Bone v. HolmesMassachusetts Supreme Judicial Court · 1907
27 more not listed; retrieve them via the Exa API.