Elgar v. Equitable Life Assurance Society of the United States
Wisconsin Supreme Court
Appeal by defendant from an order sustaining demurrer-to county:- Geo. ClemeNtsoN, Circuit Judge. Appeal by defendant from an order sustaining demurrer to-its answer.
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Appeal by defendant from an order sustaining demurrer-to county:- Geo. ClemeNtsoN, Circuit Judge. Appeal by defendant from an order sustaining demurrer to-its answer. By the complaint and answer it appeared that the defendant issued its policy of life insurance for $1,000' to one Wiliam Cowduroy, payable upon his death to his wife, Elizabeth A. Cowduroy, for her sole use, if living, and, if' not living, to the children of said William Cowduroy, or their guardian for their use, or, if there he no such children surviving, then to the executors, administrators, or assigns of' said William…
1Opinion of the CourtDodge, J.
The respondent, to sustain the right' of action of the grandchild, cites to us a considerable array of decided cases, of which a few present instances of recovery by grandchildren under a policy payable in terms to the children of the deceased. Of these the most direct are Duvall v. Goodson, 79 Ky. 224; Supreme Council Catholic Knights v. Densford (Ky.), 49 L. R. A. 776; and Hull v. Hull, 62 How. Pr. 100. These cases proceed upon the argument that a policy of life insurance, being intended to tahe effect after the death of the assured, has in it so much 'of a testamentary *92■purpose as to…
2Cases cited14 opinions
- Continental Life Insurance v. PalmerSupreme Court of Connecticut · 1875
- Walsh v. Mutual Life InsuranceNew York Court of Appeals · 1892
- Foster v. GileWisconsin Supreme Court · 1880
- United States Trust Co. v. Mutual Benefit Life InsuranceNew York Court of Appeals · 1889
- Duvall v. GoodsonCourt of Appeals of Kentucky · 1880
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3Cited by3 opinions
- Rawson v. Milwaukee Mutual Life InsuranceWisconsin Supreme Court · 1902
- Kinney v. LundyArizona Supreme Court · 1907
- Burnett v. Mutual Life InsuranceIndiana Court of Appeals · 1916