Legal Opinion

Hopkins v. Hopkins' Adm'r

Court of Appeals of Kentucky

Decided December 5, 1891PublishedCited by 25 opinions

Case 63 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. A provision in a life insurance policy on the life of the husband for the benefit of his wife, to the effect that the insured may change the beneficiaries, is void because not within the charter powers of the company, and is in violation of the general law. (Gen. Stats., Appendix, p. 40-2, secs. 30-3; Charter of Southern Mutual Life Ins.

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Case 63 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. A provision in a life insurance policy on the life of the husband for the benefit of his wife, to the effect that the insured may change the beneficiaries, is void because not within the charter powers of the company, and is in violation of the general law. (Gen. Stats., Appendix, p. 40-2, secs. 30-3; Charter of Southern Mutual Life Ins. Co. of Ky., approved March 19, 1878, sec. 6, art. 7; Kobinson v. Duvall, 79 Ky., 83; Duvall v. Goodson, 79 Ky., 224; Weisert v. Muéhl, 81 Ky., 336; Bayse v. Adams, 79 Ky., 368; May on…

1Opinion of the CourtChief Justice Holt

January 29,1884, the Mutual Life Insurance Company insured the life of William W. Hopkins in the sum of five thousand dollars, payable at his death to his wifer the appellant, Susan E. Hopkins, if living, and if not> then to their children.

*326The policy contained this clause: “ This policy is issued and accepted upon the express condition that the said ■William W. Hopkins may, with consent of the company, at any time assign it, or before assignment change the beneficiary therein, or make any other change.”

This action was brought by the wife and her infant child by the insured to compel the…

2Cases cited3 opinions

  1. Central Bank of Washington v. HumeSupreme Court of the United States · 1888
  2. Kentucky Masonic Mutual Life Ins. v. Miller's AdministratorCourt of Appeals of Kentucky · 1877
  3. Duvall v. GoodsonCourt of Appeals of Kentucky · 1880

3Cited by25 opinions

  1. Johnson v. New York Life InsuranceSupreme Court of Colorado · 1914
  2. Colovos' Adm'r v. GouvasCourt of Appeals of Kentucky (pre-1976) · 1937
  3. Farmers State Bank v. KelleySupreme Court of Georgia · 1923
  4. Wirgman v. MillerCourt of Appeals of Kentucky · 1896
  5. Farley v. First National BankCourt of Appeals of Kentucky (pre-1976) · 1933

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