135 Minn. 35 | Minn. | 1916
The plaintiff Lewis Sharpless brings this action to recover upon a policy of insurance on the life of Learning Sharpless, issued by the defendant Grand Lodge A. O. U. W. Charlotta A. Sharpless was named as beneficiary. She is a defendant. The Grand Lodge answers separately. The plaintiff demurred. The appeal is from the order sustaining the demurrer.
The pertinent facts appearing from the complaint are these: On March 6, 1905,' the policy or benefit certificate was issued on the life of Learning Sharpless. The beneficiary, Charlotta A. Sharpless, his wife, murdered him on November 14,1914. By murdering him she forfeited the right to
Two questions are presented:
(1) Does the murder of the insured by the beneficiary absolve the insurer from liability, conceding that the right of the beneficiary is forfeited ?
(2) If it does not, can the sole heir of the insured, -who would take upon the death of an eligible beneficiary, recover ? ■
Mrs. Sharpless is not interested in the two questions decided. She is not bound by the allegation of the plaintiff and the concession of the defendant order that her claim as beneficiary.is forfeited. If she chooses she can litigate the question.
Order affirmed.