Shove v. Shove
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The following statement of the case was made by Mr. Justice Cassodat: The plaintiff, Theodore 0. Shove, was the brother of Dan A. Shove, and the defendant was his wife. March 25,1869, Dan A. Shove procured from the Northwestern Mutual Life Insurance Company a policy of insurance upon his life for $2,000, pm-porting to be “for the sole use and benefit of Theodore O. Shove,” aforesaid.
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APPEAL from the Circuit Court for Milwaukee County. The following statement of the case was made by Mr. Justice Cassodat: The plaintiff, Theodore 0. Shove, was the brother of Dan A. Shove, and the defendant was his wife. March 25,1869, Dan A. Shove procured from the Northwestern Mutual Life Insurance Company a policy of insurance upon his life for $2,000, pm-porting to be “for the sole use and benefit of Theodore O. Shove,” aforesaid. May 25,1885, Dan A. Shove died in Dakota, where he resided at the time, leaving a last will and testament bearing date and executed September 4, 1880, whereby…
1Opinion of the CourtCassoday, J.
It is admitted that the policy was made payable to the plaintiff merely as collateral security. This being so, the plaintiff can have no right to it except as a subsisting security. If the deceased, prior to his death, fully paid to the plaintiff all the indebtedness for which the latter held the policy as collateral, security, then it is manifest that the policy constituted a part of the estate of the deceased. The plaintiff claims that such indebtedness was not all paid. The defendant, as legatee, contested such claim. But we assume that her rights as legatee were subject to the payment of…
2Cases cited5 opinions
- Melms v. PfisterWisconsin Supreme Court · 1884
- Carney v. GleissnerWisconsin Supreme Court · 1885
- Union National Bank of Oshkosh v. HicksWisconsin Supreme Court · 1886
- McDonald v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1877
- Wilde v. PaschenWisconsin Supreme Court · 1886
3Cited by2 opinions
- Carberry v. German Insurance Co.Wisconsin Supreme Court · 1893
- Swenson v. WellsWisconsin Supreme Court · 1909