John Hancock Mutual Life Insurance Company v. Clyda Tarrence

The opinion of the New York intermediate appellate court in Smith v. Metropolitan Life Ins. Co., 125 Misc. 670, 211 N.Y.S. 755, 757 (decided October 1, 1925), in my judgment controls decision in the instant case. There the court stated that the question presented was whether the estate of a man convicted of and electrocuted for murdering his wife, who was beneficiary of a policy of insurance on his life, could recover upon a policy which contained a provision that the interest of the beneficiary should vest in the insured upon her death. The court answered that question in the negative,…