Metropolitan Life Ins. Co. v. Smith's Adm'x

Opinion of the Court by

Stanley, Commissioner

Reversing.

Upon the legal presumption of death, an administratrix was appointed for the estate of Charles Smith and she recovered judgment against the appellant for $290 on a life insurance policy issued June 30, 1930.

The petition may be regarded as sufficient to rest a claim upon the common law rule of presumptive death. It is conceded the evidence does not bring the case within the terms of Section 1639 of the Kentucky Statutes. Smith had lived for several years with Emma Reed whom he treated as if she were his mother. His parents had been dead for…