Hicks v. Cary

Plaintiff prays that the proceeds of insurance on the life of her decedent, paid to defendant corporations in accord with the terms of 2 policies which named them beneficiaries, be decreed to be held by them in trust for decedent’s estate. Prom an order granting defendants’ motion to dismiss the bill of complaint for failure to state a cause for equitable relief plaintiff appeals. In such circumstances the well-pleacled allegations of the bill are to be taken as true. Gilmer v. Miller, 319 Mich 136. They are, in substance, as follows: In accord with the terms of written agreements between…