Dreyfus v. Barton
Mississippi Supreme Court
Appeal from the chancery court of the First district of Hinds county. Hon. G. G. Lyell, Chancellor. Petition by Isidore Dreyfus, trustee, in bankruptcy against Carroll Barton, administrator of the estate of S. K. Barton, deceased. Decree for defendant, complainant appeals and defendant takes cross appeal.
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Appeal from the chancery court of the First district of Hinds county. Hon. G. G. Lyell, Chancellor. Petition by Isidore Dreyfus, trustee, in bankruptcy against Carroll Barton, administrator of the estate of S. K. Barton, deceased. Decree for defendant, complainant appeals and defendant takes cross appeal. The record shows the facts as follows: S. K. Barton filed a petition in bankruptcy on November 28, 1908, having at that time an insurance policy on his life, payable to his estate, in the sum of three thousand dollars, on which he had borrowed the full loan value. The cash surrender value at…
1Opinion of the CourtMayes, C. J.
By section 2141, Code of 1906, it is provided that: “The proceeds of a life insurance policy not exceeding three thousand dollars, payable to the executor, or administrator of the insured, shall inure to the heirs or legatees, freed from all liability for the debts of the decedent, except premiums paid on the policy by any one other than the insured and debts due for expenses of last illness and for burial,” etc. The policy in controversy in this case is for three thousand dollars. The policy was made payable to the executor or administrator in the very language of the above statute, and…
2Cases cited6 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Holden v. StrattonSupreme Court of the United States · 1905
- Steele v. BuelCourt of Appeals for the Eighth Circuit · 1900
- Lamaster v. KeelerSupreme Court of the United States · 1887
- Dartmouth Sav. Bank v. BatesU.S. Circuit Court for the District of Kansas · 1890
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3Cited by9 opinions
- Chattanooga Sewer Pipe Works v. DumlerMississippi Supreme Court · 1929
- Hickman v. HanoverCourt of Appeals for the Fourth Circuit · 1929
- Bonds v. BondsMississippi Supreme Court · 1982
- Equitable Life Assurance Co. v. Union Planters Bank of Northeast Mississippi (In Re Jordan)United States Bankruptcy Court, N.D. Mississippi · 2000
- Schuler v. JohnsonSouth Dakota Supreme Court · 1933
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