Leavitt v. Dunn

The opinion of the court was delivered by

Dixon, J.

This cause was tried at the Mercer Circuit, before Mr. Justice Scudder, without a jury, upon a statement of facts agreed to by the parties, showing that, under a policy of insurance on the life of Alexander Dunn, $5,000 had, at his death, become payable to his “heirs,” and had been paid to his children with the consent of his widow, in pursuance of a stipulation that if the widow was entitled to a share thereof they would pay it to her.

Justice Scudder decided that by the word “heirs” in this policy were intended those who, under the statute of…