Legal Opinion

Burt v. Burt

Supreme Court of Pennsylvania

Decided May 4, 1908No. Appeal, No. 28PublishedCited by 10 opinions

Appeal, No. 28, Jan. T., 1908, by plaintiff, from judgment of O. P. Monroe Co., Sept. T., 1906, ' No. 8,'on- verdict for defendant in case of Ida Burt, Executrix of the'last Will and Testament of William H. Burt, deceased, v. Margaret Burt et al. Interpleader to determine the ownership of the proceeds of a policy of life insurance. See 218 Pa. 198. Before Staples, P. J. ' The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for defendant.

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Appeal, No. 28, Jan. T., 1908, by plaintiff, from judgment of O. P. Monroe Co., Sept. T., 1906, ' No. 8,'on- verdict for defendant in case of Ida Burt, Executrix of the'last Will and Testament of William H. Burt, deceased, v. Margaret Burt et al. Interpleader to determine the ownership of the proceeds of a policy of life insurance. See 218 Pa. 198. Before Staples, P. J. ' The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for defendant. Plaintiff appealed. Error assigned was in refusing binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The issue in this case-was framed to determine the right to monéy'paid into court by á life insurance company. In the application for the policy thé nephews and nieces of the insured were named as the beneficiaries in the event of the death of the insured before .the expiration of the endowment period. The .policy was issued- payable to the insured, his executors, ad*173ministrators or assigns. On a former appeal it was held that in the absence of satisfactory evidence of mistake in writing the policy the rights of the parties were to be determined from the writings in…

2Cases cited4 opinions

  1. Boyertown National Bank v. HartmanSupreme Court of Pennsylvania · 1892
  2. Cullmans v. LindsaySupreme Court of Pennsylvania · 1886
  3. Ott v. Oyer'sSupreme Court of Pennsylvania · 1884
  4. Burt v. BurtSupreme Court of Pennsylvania · 1907

3Cited by10 opinions

  1. Broida v. Travelers InsuranceSupreme Court of Pennsylvania · 1934
  2. Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
  3. Pusic v. SalakSupreme Court of Pennsylvania · 1918
  4. Lukens v. Wharton Avenue Baptist ChurchSupreme Court of Pennsylvania · 1929
  5. North Carolina Mut. Life Ins. Co. v. MartinSupreme Court of Alabama · 1931

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