McCulloch v. Mutual Reserve Fund Life Ass'n
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Bdward W. Winfield, Judge; STATEMENT BY THE COURT. In December, 1893, Dr. McCulloch died in this State. He held a policy on his life for $10,000 in the Mutual Reserve Fund Life Association. The beneficiaries in this policy were his two sons, Gilbert and Ben McCulloch, who were minors at the time of the death of their father. He left a will, directing that his wife should be appointed guardian of his sons without bond.
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Appeal from Pulaski Circuit Court; Bdward W. Winfield, Judge; STATEMENT BY THE COURT. In December, 1893, Dr. McCulloch died in this State. He held a policy on his life for $10,000 in the Mutual Reserve Fund Life Association. The beneficiaries in this policy were his two sons, Gilbert and Ben McCulloch, who were minors at the time of the death of their father. He left a will, directing that his wife should be appointed guardian of his sons without bond. This was done, and the company paid the money to her. Afterwards when the sons became of age, one of them brought this action against the…
1Opinion of the Court
Riddicic, J.,
(after stating the facts.) This is an appeal from a judgment of the circuit court holding that the right of action which accrued to plaintiff as one of the beneficiaries in a policy of insurance was cut off by the provision in the policy which limited the time for bringing the action on the policy to one year after the death of the assured. As plaintiff did not bring this action either within a year of the death of the assured or within a year of his arriving at age, it is evident that he is cut off by this provision of the policy, if it applies to this kind of an action.
But…
2Cases cited2 opinions
- Williams v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1848
- Cray v. Hartford Fire Ins.U.S. Circuit Court for the District of Connecticut · 1848
3Cited by1 opinion
- Phillips v. Mosaic Templars of AmericaSupreme Court of Arkansas · 1922