Roberts v. Hardin

Hutcheson, J.,

dissenting. 1. In a consideration of the instant case it is necessary to determine the nature of the interest held by the first beneficiary under the policy of insurance taken out upon the life of Paul Hardin, deceased. If the beneficiary had no vested interest under the contract of insurance, it mil not be presumed that she survived her husband, so as to render her interest, otherwise merely contingent, a vested interest. Northwestern M. L. Ins. Co. v. Greiner, 115 Mich. 639 (74 N. W. 187). It has been held that where there is no presumption of survivorship among persons who…