Spalding v. Miller
Court of Appeals of Kentucky
Case 59 — PETITION EQUITY — APPEAL PROM MARION CIRCUIT COURT. 1. Where there is a total loss by fire and, the interest of the life tenant is less than the amount of the insurance, the latter should! be used in rebuilding, or else go to the remainderman, reserving the interest or income thereon to the life tenant.
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Case 59 — PETITION EQUITY — APPEAL PROM MARION CIRCUIT COURT. 1. Where there is a total loss by fire and, the interest of the life tenant is less than the amount of the insurance, the latter should! be used in rebuilding, or else go to the remainderman, reserving the interest or income thereon to the life tenant. Biaptoam’s Equity, chap. 3, p. 133; Perry on Trusts, vol. 1, p, 134; 151- Pa., 607; Ha-swell’s Exo-r. v. Shippen, 10 Leigh, 558; Clyburn v. Reynolds, 9 S.‘ E. Rep., 980; Paper Co. v. Langley, 22 S. C., 129; 8 Iredell’s Equity Reports, 99; -Green v. Green, 27 St E. Rep'., 952. ’ 2.…
1Opinion of the Court
JUDGE DuREDLE
delivered the opinion oe the court.
In 1890, appellee Miller was awarded a homestead in his wife’s land, consisting of some ten acres of land and the buildings thereon. In August, 1891, he took out a policy of insurance, running for three years, with the Phoenix Insurance Company, of Hartford, for $4,000, of which $850 was on household furniture, and the remainder on the house, outbuildings, hay, etc. A slip was attached to the policy as part thereof, on April 30, 1892, signed by the agent of the company, stating that “The interest of the assured in the land on which the dwelling…
2Cases cited7 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Stillwell v. . StaplesNew York Court of Appeals · 1859
- Harrison v. PepperMassachusetts Supreme Judicial Court · 1896
- Hartford Insurance v. HaasCourt of Appeals of Kentucky · 1888
- International Trust Co. v. BoardmanMassachusetts Supreme Judicial Court · 1889
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