129 Mo. App. 256 | Mo. Ct. App. | 1908
A demurrer was sustained to the petition in this case, which is an action on a policy of insurance brought by Walter Diehm, curator of the estates of John Paul, Johanna, and John Alexander Hartung, minors. It appears from the petition that the defendant company in 1869, wrote a policy of insurance on the life of Charles Wesler, “for the benefit of Caroline Wesler, his wife, and his children by her, in the sum of $5,000 for the term of his natural life.” Charles Wesler died July 5, 1903, leaving his wife Caroline and four children and three grandchildren. The grandchildren are the wards of the plaintiff, and were the children of Isabella Hartung wife of John Hartung. Isabella Hartung was the fifth child of the insured and was living at the time the policy was issued, but died September 23, 1902, before the death of her father Charles Wesler. On the death of the insured the company paid the full amount of the policy ($5,000) to his widow Caroline and his four surviving children. The plaintiff, as curator of said minor children, brought this suit to recover a one-sixth interest to which he claims his wards are entitled under the policy; that is, the interest which their mother would have received had she survived., The provisions of the policy are before us and are to be construed as part of the petition in passing on the case. The policy provided that in consideration of the premium named,