Supreme Tent of the Knights of the Maccabees of the World v. McAllister
Michigan Supreme Court
Appeal from Eaton; Smith, J. Bill of interpleader by the Supreme Tent of the Knights of the Maccabees of the World against Clara E. McAllister and Eleanor McAllister to determine the right to the proceeds of an insurance policy on the life of William R. Mc-Allister, deceased. From a decree for defendant Clara, defendant Eleanor appeals. Defendant Eleanor is the mother, and defendant Clara is the alleged widow, of William R. McAllister, deceased.
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Appeal from Eaton; Smith, J. Bill of interpleader by the Supreme Tent of the Knights of the Maccabees of the World against Clara E. McAllister and Eleanor McAllister to determine the right to the proceeds of an insurance policy on the life of William R. Mc-Allister, deceased. From a decree for defendant Clara, defendant Eleanor appeals. Defendant Eleanor is the mother, and defendant Clara is the alleged widow, of William R. McAllister, deceased. October 3, 1890, complainant, a beneficiary association organized under the laws of Michigan, issued to William, then a resident of New York State, a…
1Opinion of the CourtGrant, J.
(after stating the facts). The marriage was valid if the parties were competent to contract it. No *72formal ceremony is essential to the validity of a marriage. Hutchins v. Kimmell, 31 Mich. 126 (18 Am. Rep. 164); Peet v. Peet, 52 Mich. 464 (18 N. W. 220).
Counsel for defendant Eleanor cite authorities holding that a marriage is void if either party thereto has another wife or husband living. The validity of a marriage does not depend upon the good faith of the parties entering into it. Both parties must be competent to contract. Unless both are single, their marriage is void, however innocently…
2Cases cited9 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Keener v. Grand LodgeMissouri Court of Appeals · 1889
- Story v. Williamsburgh Masonic Mutual Benefit Ass'nNew York Court of Appeals · 1884
- Equitable Life Assurance Society v. PatersonSupreme Court of Georgia · 1870
- Peet v. PeetMichigan Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Love's EstateSupreme Court of Oklahoma · 1914
- Lawson v. United States. Retz v. United StatesCourt of Appeals for the Second Circuit · 1951
- Royal League v. ShieldsIllinois Supreme Court · 1911
- Berdan v. Milwaukee Mutual Life-InsuranceMichigan Supreme Court · 1904
- Supreme Lodge Order of Mutual Protection v. DeweyMichigan Supreme Court · 1906
11 more not listed; retrieve them via the Exa API.