Hull v. Hull
New York Supreme Court
The Hew York Life Insurance and Trust Company on February 21, 1848, issued a policy for $5,000 upon the life of James S. Hull, for the sole use of his wife, Rachel Hull, and in the event of her death before her husband the amount of such insurance was made payable “to her children for their use, or to their guardian if under age.”
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The Hew York Life Insurance and Trust Company on February 21, 1848, issued a policy for $5,000 upon the life of James S. Hull, for the sole use of his wife, Rachel Hull, and in the event of her death before her husband the amount of such insurance was made payable “to her children for their use, or to their guardian if under age.” Mrs. Hull died February 20, 1877, leaving two children—the plaintiffs herein — and three grandchildren, the issue of children who died before them mother. James S. Hull died October 2, 1877, and objection is now made that Lillian Hull, one of the grandchildren, is…
1Opinion of the CourtLarremore, J.
— The policy was issued for the sole use and benefit of Rachel Hull, and in case of her death before her husband the amount of insurance was made payable to her children for their use, or to their guardian if under age.
It is contended that Lillian Hull, a grandchild of the assured, is not entitled to a distributive share of the proceeds of the policy, which, by its terms, are given to her children only as a class of persons; that the father of Lillian had only a contingent interest in such proceeds, and that there is by law no representation by descent as to personal property.
We are not left…
2Cases cited4 opinions
- Barry v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1875
- Campbell v. . RawdonNew York Court of Appeals · 1858
- Low v. . HarmonyNew York Court of Appeals · 1878
- Murphy v. HarveyNew York Court of Chancery · 1843
3Cited by3 opinions
- Johnson v. HallSupreme Court of Arkansas · 1891
- Elgar v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1902
- Walsh v. Mutual Life InsuranceNew York Supreme Court · 1891