Thompson v. Aetna L. I. Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners-. Bill by the Aetna Life Insurance Company against the heirs of Thompson, asking the construction of a will and praying to be directed as to the payment of the policy on the life of Thompson. Prom a decree adverse to Della K. Thompson and others, they appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners-. Bill by the Aetna Life Insurance Company against the heirs of Thompson, asking the construction of a will and praying to be directed as to the payment of the policy on the life of Thompson. Prom a decree adverse to Della K. Thompson and others, they appeal. By the terms of the policy the beneficiaries were fixed at 'the time of its issuance, and the rights thereunder became rested, and by virtue of the will of M. S. Thompson, the said John M. Thompson became entitled to a one-fifth interest in the policy, which passed…
1Opinion of the CourtMcCLELLAN, J.
The facts of this case may be found aptly stated in Woodworth v. Aetna Life Ins. Co., 154 Ala. 342, 45 South. 417. It was ruled on that appeal that the wife and children of John M. Thompson, at the time the policies- were delivered, took vested interests in such policies, and upon the death of any of them the interest of such an one passed by descent *509or succession as would any other personal asset. The will of the first Mrs. Thompson, dying as she did before the insured, affected to invest John M. Thompson with a one-fifth of one-fifth interest in such policies, which, when he died, was…
2Cases cited2 opinions
- Woodworth v. Aetna Life InsuranceSupreme Court of Alabama · 1908
- Woodard v. ElrodSupreme Court of Alabama · 1908