Pittinger v. Pittinger
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. The subject matter of controversy is the right to the proceeds of two policies of insurance upon the life of one John Pittinger, deceased, which the association issuing them paid into the registry of the trial court, leaving the parties to this action to litigate the question as to which is entitled to such fund.
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Appeal from the District Court of Arapahoe County. The subject matter of controversy is the right to the proceeds of two policies of insurance upon the life of one John Pittinger, deceased, which the association issuing them paid into the registry of the trial court, leaving the parties to this action to litigate the question as to which is entitled to such fund. Appellant claims this fund as the legal beneficiary and as the neice, and appellee as the legal beneficiary and as the widow of deceased. The deceased was married in Pennsylvania, in 1876, to one Emma Koser; they separated in 1879.…
1Opinion of the CourtJustice Gabbert
By the record in this case two propositions are presented for determination, upon which the right of the parties depend:
1. Does the evidence establish that appellee was not the wife of deceased? If this is answered in the negative, then,
2. Were her rights divested by the surrender of the cer*311tificates and the issuance of new ones, naming appellant as beneficiary ?
Appellee having been named as the beneficiary in the original certificates, and designated therein as the wife of deceased, she is presumed to be a legal one, and bear the .relation to the insured designated — Knights of Honor v.…
2Cases cited12 opinions
- Teter v. TeterIndiana Supreme Court · 1885
- Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
- Johnson v. JohnsonIllinois Supreme Court · 1885
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Wist v. Grand Lodge A. O. U. W.Oregon Supreme Court · 1892
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3Cited by50 opinions
- Supreme Council of Royal Arcanum v. BehrendSupreme Court of the United States · 1918
- Chancey v. WhinnerySupreme Court of Oklahoma · 1915
- Marsh v. Van Allen MarshCalifornia Court of Appeal · 1926
- Haile v. HaleSupreme Court of Oklahoma · 1913
- Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
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