Wirgman v. Miller
Court of Appeals of Kentucky
Case 97 — PETITION EQUITY — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. Where a policy of life insurance is made payable to. a married woman, with a stipulation that should she not survive her husband then the payment to be made to the executors, administrators or assigns of the insured, the wife has only a contingent interest in the policy, subject to be defeated by the terms of the policy.
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Case 97 — PETITION EQUITY — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. Where a policy of life insurance is made payable to. a married woman, with a stipulation that should she not survive her husband then the payment to be made to the executors, administrators or assigns of the insured, the wife has only a contingent interest in the policy, subject to be defeated by the terms of the policy. (Hopkins v. Hopkins, 92 Ky., 324.) 2. So long as the policy remains payable to the- wife, it is her separate estate, but that does not prevent the insertion of a provision by which her…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oe the court.
Tbe appellant brought suit against the appellees upon a note executed since the act of March 15, 1894, as to the property rights of husband and wife, went into effect Two of the appellees, the makers of the note sued on, are alleged to be husband and wife, and the other appellees are their chil-deren. The first paragraph of the petition seeks a personal judgment against both husband and wife. In the second paragraph it is alleged that, to secure the payment of the note, the husband and wife pledged to plaintiff a policy and its proceeds in…
2Cases cited2 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Hopkins v. Hopkins' Adm'rCourt of Appeals of Kentucky · 1891
3Cited by20 opinions
- Johnson v. New York Life InsuranceSupreme Court of Colorado · 1914
- Farmers State Bank v. KelleySupreme Court of Georgia · 1923
- In re OrearCourt of Appeals for the Eighth Circuit · 1911
- Daviess County Bank & Trust Co. v. WrightCourt of Appeals of Kentucky · 1908
- Brady v. Equitable Trust Co.Court of Appeals of Kentucky · 1918
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