Legal Opinion

Estate of Harry E. Draper, Deceased v. Commissioner of Internal Revenue, Estate of Elizabeth C. Draper, Deceased v. Commissioner of Internal Revenue

Court of Appeals for the First Circuit

Decided June 14, 1976No. 75-1409, 75-1410PublishedCited by 7 opinions

1Opinion of the Court

COFFIN, Chief Judge.

On June 15,1969, Harry E. Draper feloniously shot and killed his wife, Elizabeth C. Draper, and then shot himself, resulting in his own death on July 10, 1969. At the time of Elizabeth’s death, Harry was the owner and named beneficiary of two insurance policies on her life. Because “[i]t would be contrary to public policy to permit a beneficiary who has feloniously taken the life of the insured to recover on the policy”, Slocum v. Metropolitan Life Insurance Co., 245 Mass. 565, 567, 139 N.E. 816, 816 (1923); see New York Mutual Life Insurance Co. v. Armstrong, 117 U.S.…

2Cases cited5 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Morgan v. CommissionerSupreme Court of the United States · 1940
  3. Riggs v. . PalmerNew York Court of Appeals · 1889
  4. New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
  5. Slocum v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1923

3Cited by7 opinions

  1. New York Life Insurance v. HenriksenIndiana Court of Appeals · 1981
  2. First National Bank & Trust Co. v. Stonebridge Life InsuranceCourt of Appeals for the Eighth Circuit · 2010
  3. United Benefit Life Insurance v. BradyDistrict Court, D. Massachusetts · 1978
  4. Davis v. Boston Mutual Life Insurance Co.Massachusetts Supreme Judicial Court · 1976
  5. Estate of Harry E. Draper, Deceased v. Commissioner of Internal Revenue, Estate of Elizabeth C. Draper, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1976

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