Hartung ex rel. Diehm v. Northwestern Mutual Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Ron. Geo. H. Shields, Judge. (1) The curator herein was lawfully appointed and the St. Louis Prohate Court acted entirely within its jurisdiction in making the appointment. See. 3488, R. S. 1899 (under which it was then proceeding) now Sec. 414, R. S. 1909'. (2) But even if this were not so, the judgment of a probate court is not open to collateral attack.
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Appeal from St. Louis City Circuit Court.— Ron. Geo. H. Shields, Judge. (1) The curator herein was lawfully appointed and the St. Louis Prohate Court acted entirely within its jurisdiction in making the appointment. See. 3488, R. S. 1899 (under which it was then proceeding) now Sec. 414, R. S. 1909'. (2) But even if this were not so, the judgment of a probate court is not open to collateral attack. Crohm v. Modem Woodmen of America, 1291 S. W. 1069; Carter v. Carter, 141 S. W. 873; Cos v. Boyce, 152 Mo. 576; Woerner on Guardianship, p. 111. (3) An action upon a policy of insurance is not…
1Opinion of the CourtReynolds, P. J.
This is the second appeal in this case. ' The view which our court took of it will be found under the title of Diehm, Curator of Estates of Hartung et al. v. Northwestern Mutual Life Insurance Co., 129 Mo. App. 256, 108 S. W. 139. The point in decision in that case was that the interest of a beneficiary in the proceeds of an insurance policy is *292vested and descendible unless an intention to the contrary appears on the face of the policy, and so holding, the trial court having sustained a demurrer to the petition in the case and rendered judgment for the defendant, we reversed the judgment and…
2Cases cited11 opinions
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Supreme Court of Missouri · 1895
- Howland v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1896
- Pomeroy v. FullertonSupreme Court of Missouri · 1893
- Stone v. Travelers InsuranceSupreme Court of Missouri · 1883
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