Miller v. Miller's Administratrix

Opinion op the Court by

Judge Perry

Affirming.

Frank Miller died in August, 1935, leaving in full force and effect a policy of insurance, which had been issued bim by the defendant Continental Assurance Company upon his life, in the amount of $1,000. The appellant, Jessie Miller, was at the time of the issuance of this insurance the legal wife of the insured, Frank Miller, and was by him named in the policy as beneficiary.

After thus taking this insurance in September, 1933, he later instituted a suit against his wife, the appellant and named beneficiary, for an absolute divorce, which was, in…