175 Wis. 526 | Wis. | 1921
The main questions involved on these appeals being identical, they were ordered consolidated and argued: together, and they will be disposed of in one opinion.
The principal question presented is whether the deferred dividends accruing under the life insurance policy belonged to the insured, Carl O. Thienhaus, or to his son, the ward. While it'was held in Ellison v. Straw, 119 Wis. 502, 97 N. W. 168, pursuant to the terms of an insurance policy there under consideration, that the deferred dividends belonged to the insured and not to the beneficiary, it does not necessarily follow that in this case, as between the insured
It appears from the findings of the circuit court that in the divorce proceedings between Carl O. Thienhaus and his wife
“That the defendant (Carl O. Thienhaus) is to continue to keep up and maintain, according to the conditions thereof, all the regular payments of premium due thereon of the life insurance policy heretofore taken out by him on his life and now held by him for the following uses and purposes, to wit: (a) The policy 1280780 in the Mutual Life Insurance Company of New York for $5,000 is to be continued until maturity and at that time to be applied for the infant son of the .parties hereto, Harold Friedrich Otto, so as to provide for him a good and suitable sum for his education or support.”
The circuit court further found that by mutual consent the policy here in question was substituted for policy No. 1280780 mentioned in said stipulation, findings, and judgment.
Now what was the effect of the provision above quoted which appears in the judgment of divorce? It will not be contended that the circuit court had jurisdiction in the divorce proceedings to divest the husband of property and vest title thereto in the children.' Neither did it have authority to divest Thienhaus of any interest he might have had in the insurance policy and vest title thereto in the son, Harold F. O. Thienhaus. But it was competent for Mr. and Mrs. Thienhaus, the insured and the beneficiary, to agree that they would both turn their interests in such policy over to the son. This was an agreement made by the parents for the benefit of the son and enforceable by him. This is the effect of the stipulation made between the parents and filed in the divorce action. It was agreed that Carl 0. Thienhaus shall make all the regular payments of premiums due on the policy until maturity, at which time the proceeds are to be applied “for the infant son of the parties hereto, Harold F. O. Thienhaus, so as to provide for him a good and suitable sum for his education or support.” True, it is not stated in so many words that the' proceeds of the policy are to be applied
Upon the appeal from the order of the county court the further question arises whether that court properly disallowed an item of $1,000 claimed by the guardian in his
By the Court. — The judgment of' the circuit court is affirmed. The judgment of the county court is affirmed.