Legal Opinion

Phillips' Estate

Supreme Court of Pennsylvania

Decided January 6, 1913No. Appeal, No. 129PublishedCited by 12 opinions

Appeal, No. 129, Oct. T., 1912, by Fidelity Title and Trust Company, Administrator of the Estate of William Hale, deceased, from decree of O. C. Allegheny Co., Sept. T., 1911, No. 320, dismissing exceptions to adjudication in the Estate of Elizabeth H. Phillips, deceased. Exceptions to adjudication. Before Miller, J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 129, Oct. T., 1912, by Fidelity Title and Trust Company, Administrator of the Estate of William Hale, deceased, from decree of O. C. Allegheny Co., Sept. T., 1911, No. 320, dismissing exceptions to adjudication in the Estate of Elizabeth H. Phillips, deceased. Exceptions to adjudication. Before Miller, J. The facts are stated in the opinion of the Supreme Court. Error assigned was the decree of the court dismissing the exceptions. — Parol evidence was admissible to show that the assignment of the policy, absolute in form, was only intended as collateral security: Leas v. James, 10…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The facts in this case were found by the auditing judge substantially as follows: On January 4, 1904, William Hale, who was unmarried and without children, insured his life in the Massachusetts Mutual Life Insurance Company for $5,000, payable, if she survived him, to his sister, Mrs. Elizabeth H. Phillips. The insured had the right under the policy to change the beneficiary, and it was also provided that if no beneficiary should survive the insured, the proceeds should be paid to his estate. The insured made no change in the beneficiary. On October 16, 1905, Mr.…

2Cases cited13 opinions

  1. Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
  2. Equitable Life Insurance v. HazlewoodCourt of Appeals of Texas · 1889
  3. Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
  4. Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1877
  5. Lord v. DallMassachusetts Supreme Judicial Court · 1815

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3Cited by12 opinions

  1. Young v. HippleSupreme Court of Pennsylvania · 1922
  2. United Security Life Insurance v. BrownSupreme Court of Pennsylvania · 1921
  3. Lawler v. Home Life Insurance Co. of AmericaSuperior Court of Pennsylvania · 1915
  4. First National Bank v. Burnside National BankSupreme Court of Pennsylvania · 1934
  5. Pashuck, Admr. v. Metro. Life Ins. Co.Superior Court of Pennsylvania · 1936

7 more not listed; retrieve them via the Exa API.

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