Foley v. Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 14, 1892, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 14, 1892, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to have an alleged surrender of a policy of insurance issued by defendant upon the life of John Foley, adjudged void, and to have the policy declared to be -in force in favor of plaintiffs, and to compel a delivery thereof to them upon payment of certain back premiums. On the 30th day of January, 1876, the defendant issued…
1Opinion of the CourtEarl, J.
Mrs. Foley had no power by her will to constitute her husband guardian of her minor children, and while he assumed to act as such it is now conceded that he was not their testamentary guardian, and that he derived no power under the will of his wife to act as such. But they took under the will of their mother real estate, and hence it is claimed on behalf of the defendant that he became the guardian in socage of his minor children under the provisions of the Revised Statutes where it is provided in section 5 (4 R. S. [8th ed.] 2418), as follows: “ Where an estate in lands shall become vested…
2Cases cited1 opinion
- Holdridge v. Utica & Black River RailroadNew York Supreme Court · 1868
3Cited by8 opinions
- Killian v. Metropolitan Life InsuranceNew York Court of Appeals · 1929
- In re the Estate of WeidbergNew York Surrogate's Court · 1939
- In re GoodchildNew York Surrogate's Court · 1936
- Peters v. TallchiefAppellate Division of the Supreme Court of the State of New York · 1907
- Mutual Life Insurance v. AllenAppellate Court of Illinois · 1904
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