Kimball v. Gilman
Supreme Court of New Hampshire
Assumpsit, to recover the sum of $1,923.75 received by the defendant upon a policy of insurance on the life of the defendant’s testate, Henry Holt. Facts agreed. The plaintiff is administrator of the estate of Sarah F. Holt, who was the wife of Henry Holt. He died August 17, 1876, tesate, his wife being made residuary legatee; but his estate being-insolvent, nothing- passed by his will. The defendant is administrator of his estate.
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Assumpsit, to recover the sum of $1,923.75 received by the defendant upon a policy of insurance on the life of the defendant’s testate, Henry Holt. Facts agreed. The plaintiff is administrator of the estate of Sarah F. Holt, who was the wife of Henry Holt. He died August 17, 1876, tesate, his wife being made residuary legatee; but his estate being-insolvent, nothing- passed by his will. The defendant is administrator of his estate. Mrs. Holt died August 19, 1876, testate, devising all her property to her husband, which devise lapsed by reason of his death. Neither Holt nor his wife left…
1Opinion of the CourtSmith, J.
The sum insured on the life of the defendant’s testate is stated in the policy to be “ for the express benefit of Sarah F. Holt, wife of said assured.” By statute, insurance thus effected inures for the benefit of the wife, or, in case of her death, to her children, if any, against the claims of creditors or representatives of the person effecting the same. Gen. Stats., c. 160, s. 1; G. L., c. 175, s. 1; Stokell v. Kimball, 59 N. H. 13. As the plaintiff’s intestate survived her husband, the sum insured on his life inured to her benefit, both by the terms of the policy and by the provisions of…
2Cases cited1 opinion
- Stokell v. KimballSupreme Court of New Hampshire · 1879
3Cited by5 opinions
- Otoe County Nat. Bank v. DelanyCourt of Appeals for the Eighth Circuit · 1937
- Franklin v. New Hampshire Fire InsuranceSupreme Court of New Hampshire · 1899
- Redington Hub Co. v. PutnamSupreme Court of New Hampshire · 1912
- Otoe County Nat. Bank v. DelanyCourt of Appeals for the Eighth Circuit · 1937
- Tennant v. UptonSupreme Court of New Hampshire · 1916