Christman v. Christman
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: George Grimm, Circuit Judge. Action to determine wbo is entitled to tbe proceeds of an insurance policy of $2,000 on tbe life of Farmer W. Christ-man, deceased. On or about December 28, 1901, tMe deceased insured bis life in tbe New York Life Insurance Company, making the policy payable to Emily M. Christman, his wife.
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Appeal from a judgment of tbe circuit court for Rock county: George Grimm, Circuit Judge. Action to determine wbo is entitled to tbe proceeds of an insurance policy of $2,000 on tbe life of Farmer W. Christ-man, deceased. On or about December 28, 1901, tMe deceased insured bis life in tbe New York Life Insurance Company, making the policy payable to Emily M. Christman, his wife. The policy contained the following clause: “The insured, having reserved the right, may change the beneficiary or beneficiaries at any time during the continuance of this policy by written notice to the company, at…
1Opinion of the CourtViNJE, J.
Under the provisions of sec. 2347, Stats. 1915, and the construction given it on the rehearing in Nat. L. Ins. Co. v. Brautigam, ante, p. 270, 157 N. W. 782, when the insured made his wife the beneficiary she took a vested interest in the policy, subject to be divested in the manner reserved in .the policy contract and not otherwise. The only method *435of change reserved was by written notice to the company during tbe continuance of the policy. No such notice was ever given the company. On the other hand, the insured sought to dispose of the policy by will, which, were it not- for the vested…
2Cases cited6 opinions
- Opitz v. KarelWisconsin Supreme Court · 1903
- Clark v. DurandWisconsin Supreme Court · 1860
- Rawson v. Milwaukee Mutual Life InsuranceWisconsin Supreme Court · 1902
- State ex rel. Board of Regents of Normal Schools v. DonaldWisconsin Supreme Court · 1916
- Armstrong v. BlanchardWisconsin Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kochanek v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1928
- Bergstein v. PopkinWisconsin Supreme Court · 1930
- Rountree v. FrazeeSupreme Court of Alabama · 1968
- Neary v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1918
- Bersch v. VanKleeckWisconsin Supreme Court · 1983
6 more not listed; retrieve them via the Exa API.