12 Wis. 223 | Wis. | 1860
By the Court,
TMs action was commenced, and if maintainable at all, can only be maintained upon tbe theory, tbat tbe plaintiff, as tbe cestui que trust, or party beneficially interested, acquired, during tbe lifetime of Mrs. Ciarle, an actual equitable interest in the policy, and tbe moneys thereby secured and agreed to be paid on ber death. She effected tbe insurance on ber own life. Tbe policy sprang from an agreement, to which she and tbe insurance company were tbe real parties; and although tbe defendant, as tbe guardian of tbe plaintiff, was nominally tbe assured, yet during ber life, and until she transferred it, she was tbe only person having any direct pecuniary interest in it. She received, and until tbe transfer and delivery to tbe defendant, beld it in ber possession, and witb ber own funds, or those procured by ber from tbe defendant, paid tbe quarterly premiums, as they became due upon it. Tbe true criterion by which to determine whether the plaintiff bad any interest in tbe moneys received upon tbe pohey, would seem to be, whether, during ber bfe, be bad such an interest in it as would have enabled him to compel Mrs. Ciarle, or tbe
The record discloses no errors for which, in our opinion, the judgment of the circuit court ought to be reversed, and it is therefore affirmed, with costs.