Equitable Life Assurance Society v. Vogel's
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. L Simones. This action was brought by Mrs. Henrietta Yogel, as the executrix of the last will and testament of her deceased husband, Sigmund Yogel, against the Equitable Life Assurance Society of the United States, a corporation chartered by the State of New York ; and was founded on a policy of insurance for $5,000, which the decedent had effected on his own life, with the defendant.
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Appeal from the City Court of Mobile. Tried before the Hon. O. L Simones. This action was brought by Mrs. Henrietta Yogel, as the executrix of the last will and testament of her deceased husband, Sigmund Yogel, against the Equitable Life Assurance Society of the United States, a corporation chartered by the State of New York ; and was founded on a policy of insurance for $5,000, which the decedent had effected on his own life, with the defendant. The policy was dated March, 1883, and was payable to the said “ S. Yogel, his executors, administrators, or assigns.” Said Yogel died on the 3d…
1Opinion of the Court
CLOPTON, J.-
— The estate of a decedent, wherever he may reside at the time of his death, and in however many different States portions of the property and assets may be situate, is one estate. Notwithstanding this unity of estate, if administrations are granted in the different States where the property is located, there is not unity of administration — they are separate and independent of each other. The ancillary administration is not the agent of the administration of the domicile, although the latter is the primary administration in the sense that, so far as the rights of distributees are…
2Cases cited8 opinions
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Wallace v. McConnellSupreme Court of the United States · 1839
- New England Mutual Life Insurance v. WoodworthSupreme Court of the United States · 1884
- Wilkins v. EllettSupreme Court of the United States · 1883
- Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McKnett v. St. Louis & San Francisco Railway Co.Supreme Court of the United States · 1934
- Atchison, Topeka & Santa Fe Railway Co. v. LeetCalifornia Supreme Court · 1944
- Ford Motor Co. v. Hall Auto Co.Supreme Court of Alabama · 1933
- Estate of WaitsCalifornia Supreme Court · 1944
- Hall v. PegramSupreme Court of Alabama · 1888
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