Smallwood v. Boney

Jenkins, Chief Justice.

The original beneficiary of an insurance policy

attacked a change in the beneficiary on three grounds: first, fraud practiced on the insured; second, insanity on the part of the insured when the change was made; and third, by setting up an alleged contract between the insured and the original beneficiary by which the latter acquired a vested interest in the policy. On the first trial the judge tentatively admitted evidence, over objection, tending to establish the last-mentioned contention, but without then ruling on its admissibility. Later, in submitting the case to…