Hamilton v. McQuillan
Supreme Judicial Court of Maine
Agreed statement. This was an action of debt against the defendants as administrators de bonis non, with the will annexed, of Joseph Y. R. Coombs, of Yarmouth, deceased, to recover a legacy under his will, it being the proceeds of a life insurance policy. It was admitted that his estate, including both real and personal property, was solvent, and that no premiums had been paid on the policy during the three years next preceding the testator’s death.
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Agreed statement. This was an action of debt against the defendants as administrators de bonis non, with the will annexed, of Joseph Y. R. Coombs, of Yarmouth, deceased, to recover a legacy under his will, it being the proceeds of a life insurance policy. It was admitted that his estate, including both real and personal property, was solvent, and that no premiums had been paid on the policy during the three years next preceding the testator’s death. The defendants claimed that by It. S., c. 75, § 10, the testator could not legally give and devise his interest in life insurance policies to the…
1Opinion of the CourtFoster, J.
Action of debt for a legacy, against the defendants as administrators de bonis non with the will annexed. That the estate of the testator is solvent is admitted, as also the receipt of $308 by the executor from an insurance policy belonging to the estate of the testator, and a demand for payment of the same upon these defendants.
The only question for determination is whether it is competent for a solvent testator, having a wife but no children, to dispose by will of insurance money, coming to his estate at his decease, to a person other than his wife, his intention so to do being clearly and…
2Cases cited7 opinions
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Bradner v. . FaulknerNew York Court of Appeals · 1855
- Rotch v. EmersonMassachusetts Supreme Judicial Court · 1870
- Allen v. EdwardsMassachusetts Supreme Judicial Court · 1883
- Marsh v. HagueNew York Court of Chancery · 1831
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3Cited by6 opinions
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- Dickson v. DicksonSupreme Court of Louisiana · 1884
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