Farmers State Bank v. Smith
North Dakota Supreme Court
Appeal from a final order of the District Court of Divide County affirming an order of the County Court in relation to the disposition of the proceeds of a life insurance policy, K. E. Leighton, J. Finding for'petitioner; defendant appeals. The statute here in question is not an exemption law, nor was it ever intended to operate as such, and hence violates no provision of the-Constitution relating to exemptions. Comp.
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Appeal from a final order of the District Court of Divide County affirming an order of the County Court in relation to the disposition of the proceeds of a life insurance policy, K. E. Leighton, J. Finding for'petitioner; defendant appeals. The statute here in question is not an exemption law, nor was it ever intended to operate as such, and hence violates no provision of the-Constitution relating to exemptions. Comp. Laws 1913, § 8719; Rev. Codes 1895, § 6385; Const. § 208; 28 Century Dig. cols. 2377, 2389; 11 Decen. Dig. § 583; 25 Cyc. 886 et seq. While there is much conflict, usually…
1Opinion of the Court
Bruce, Ch. J.
Baúl B. Cook having died intestate, the appellant L. B. Smith, was appointed to administer his estate. The decedent held what is commonly called a straight New York life insurance policy, payable, in case of his death, to his estate. The administrator collected on this policy $3,004, and is holding the money pending the determination in this proceeding as to the disposition thereof. The administrator asserts that the money is not part of the estate, but belongs to and should be paid over to the decedent’s father, who is the sole heir, and according to the provisions of § 8719 of…
2Cases cited7 opinions
- Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
- Holden v. StrattonSupreme Court of the United States · 1905
- Finn v. WalshNorth Dakota Supreme Court · 1909
- Skinner v. HoltSouth Dakota Supreme Court · 1896
- In re HowSupreme Court of Minnesota · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re ElliottWashington Supreme Court · 1968
- Lapland v. StearnsNorth Dakota Supreme Court · 1952
- McCarney v. KnudsenNorth Dakota Supreme Court · 1983
- Fox v. SwartzSupreme Court of Minnesota · 1952
- Jorgensen v. DevineyNorth Dakota Supreme Court · 1928
18 more not listed; retrieve them via the Exa API.