118 Ga. 657 | Ga. | 1903
On August 27,1902, the Hartford Life Insurance Company filed, in the superior court of Chatham county, a petition for interpleader against Mary Helmken, as guardian of Walter R. and George H. Meyer (minor children of George Meyer, deceased), and against Catherine Meyer, as guardian of Catherine A. Meyer and Lucy A. Meyer, also minor children of the deceased, George Meyer. This petition was based upon the following allegations of fact: The Insurance Company, on December 24,1896, issued to George Meyer, the father of the four children above mentioned, a policy on his life. This policy was made payable, on his death, “to his wife, Amelia W. Meyer, if living, otherwise to his children equally, if living, or to the survivors or survivor of them; if none be living, then to said member’s legal representatives, or to such other beneficiary as the member shall from time to time designate, with the written consent of the company.” At the time of the issuance of this policy, Meyer had two sons living by his said wife, Amelia. After the issuance of the policy, but before the death of the insured, Amelia W. Meyer died, leaving surviving her said two minor sons, Walter R. and George H. Meyer, they being the only children of the marriage between her and George Meyer. Shortly after her death, he intermarried with Catherine Meyer, and subsequently, on the. 9th day of April, 1902, died, leaving surviving him, as the children of the marriage between himself and his second wife, Catherine A. and Lucy A. Meyer, both minors. On April 18, 1902,
The defendants to this petition were cited to.appear before the-court on the 2d day of September, 1902, and show cause why they should not be required to interplead as prayed for; and on the day last named, the court, at chambers, by an interlocutory decree ordered that the consideration of the question of requiring the defendants to interplead be postponed to the appearance term, to wit: the December term, 1902, of the court; and that in the meantime the defendants be restrained from instituting any actions, separate or joint, against the insurance company for or on account of the policy issued by it, or any rights growing out of the same; and that they take no further steps looking to the collection of the money claimed to be due, until the further order of the court. It was further ordered that the money due on the policy of insur
On January 16,.1903, Catherine Meyer, as guardian of the children of the second marriage contracted by George Meyer, filed an answer to the petition for interpleader, admitting the facts to be as therein stated by the petitioner, and conceding its right to call on her to interplead with her codefendant. She insisted, however,
Judgment affirmed, with direction.