Estate of Breitung
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Waukesha, County. Herman ~W. Breitung in bis life-time insured bis life for tbe sum of $3,500, of wbicb $2,000 was by tbe terms of tbe policies payable to bis’ wife, and $1,500 payable to bis son and daughter equally. By bis will, however, tbe said Herman W. Breitung bequeathed $2,000 of tbe insurance money to bis wife and $1,500 thereof to bis son, making no mention of bis daughter.
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APPEAL from tbe Circuit Court for Waukesha, County. Herman ~W. Breitung in bis life-time insured bis life for tbe sum of $3,500, of wbicb $2,000 was by tbe terms of tbe policies payable to bis’ wife, and $1,500 payable to bis son and daughter equally. By bis will, however, tbe said Herman W. Breitung bequeathed $2,000 of tbe insurance money to bis wife and $1,500 thereof to bis son, making no mention of bis daughter. Letters testamentary were issued to F. T. Adler, as executor. Two thousand dollars of tbe insurance money was paid either directly or through the executor to the widow, and $750…
1Opinion of the Court
Cole, O. J.
The question of law presented on this appeal is really not an open one in this court. That question is: Can a person who has procured a policy of insurance on his own life for the benefit of another, and has paid the premiums thereon as they became due, dispose of the insurance money by will to the exclusion of the beneficiary named in the policy, during the life-time of such beneficiary ? *35This question was, in effect, answered in the affirmative in Clark v. Durand, 12 Wis. 224, decided thirty years ago. That case was followed in Kerman v. Howard, 23 Wis. 108, and Foster v. Gile,…
2Cases cited23 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Harley v. HeistIndiana Supreme Court · 1882
- Pence v. MakepeaceIndiana Supreme Court · 1879
- Wilburn v. WilburnIndiana Supreme Court · 1882
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Opitz v. KarelWisconsin Supreme Court · 1903
- Berg v. DamkoehlerWisconsin Supreme Court · 1902
- Strike v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1897
- Canterbury v. Northwestern Mutual Life InsuranceWisconsin Supreme Court · 1905
- Washington Life Insurance v. BerwaldTexas Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.