Legal Opinion

Burt v. Burt

Supreme Court of Pennsylvania

Decided May 13, 1907No. Appeal, No. 75PublishedCited by 8 opinions

Appeal, No. 75, Jan. T., 1907, by-plaintiff, from judgment of C. P. Monroe Co., Sept. T., 1906, No. 8, on verdict for defendants in case of Ida .Burt, Executrix of the last will and testament of William II. Burt, deceased, v. Margaret Burt, John Burt, Jr., A. R. Brittain, Guardian of William IT. Burt, Jr., and Plora Burt, now intermarried with John Yan Campen. Peigned issue to determine ownership of money paid into court.

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Appeal, No. 75, Jan. T., 1907, by-plaintiff, from judgment of C. P. Monroe Co., Sept. T., 1906, No. 8, on verdict for defendants in case of Ida .Burt, Executrix of the last will and testament of William II. Burt, deceased, v. Margaret Burt, John Burt, Jr., A. R. Brittain, Guardian of William IT. Burt, Jr., and Plora Burt, now intermarried with John Yan Campen. Peigned issue to determine ownership of money paid into court. Before Staples, P. J. The facts are stated in the opinion of the Supreme Court. The court charged in part as follows : [The plaintiff’s points in this case are denied, the…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

This ivas a feigned issue to determine the right to money paid into court by the Mutual Life Insurance Company of New York. The insurance company on November 1, 1893, issued to William H. Burt a “twenty year distribution policy” payable to him, his executors, administrators or assigns. The application for the policy was dated January 17, 1894, but on it there was a memorandum “ Date back to November 1,1893.” The policy was issued after the date of the application and was dated back to give the insured the advantage of a lower premium. In the application under the…

2Cited by8 opinions

  1. McFadden v. Equitable Life Assurance Society of United StatesSupreme Court of Pennsylvania · 1944
  2. Metropolitan Life Ins. v. WhitlerCourt of Appeals for the Seventh Circuit · 1949
  3. Burt v. BurtSupreme Court of Pennsylvania · 1908
  4. Horning v. LindsayCourt of Appeals for the D.C. Circuit · 1948
  5. House v. Bankers' Reserve Life Co.South Dakota Supreme Court · 1920

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