38 A.D. 599 | N.Y. App. Div. | 1899
All concurred.
The following is the opinion of Chase, J., at Special Term :
The policy in question was issued by the Manhattan Life Insurance Company on the llth day of April, 1868, and among other things provides : “ That the Manhattan Life Insurance Company, in consideration of the sum of one hundred and eight dollars and fifty cents to them in hand paid by Mrs. Marion Beveridge, * * *■ do assure the life of David Beveridge of New York * * * in the amount of Five thousand dollars, for the term of-his natural life, for the sole use of the said Marion Beveridge. And the said company . do hereby promise and agree to and with the said assured, her executors, administrators and assigns, well and truly to pay or cause to be paid the said sum insured to the said assured, her executors, administrators or assigns, within ninety days after due notice and satisfactory evidence of the death of the said David Beveridge. * * * Marion Beveridge was the mother of David Beveridge.
The application for the policy is signed, “ David Beveridge in behalf of Mrs. Marion Beveridge.” In the application Marion. Beveridge states, “I, Mrs. Marion Beveridge of Newburgh, county of Orange, State of New York, * * * being desirous of effecting an assurance with The Manhattan Life Insurance Company in the sum of five thousand dollars upon the life of David Beveridge, * * * that I have an interest in his life to the full amount of • said sum of five thousand dollars.”
At the time this policy was issued Marion Beveridge was about: fifty years of age, and David Beveridge was about twenty-eight years of age.. Neither at the time the policy was. issued nor at any time subsequent was Marion Beveridge dependent upon her son David Beveridge for her support and maintenance. Her death, occurred on the 12th day of January, 1895, and she left her surviving three children, her only next of kin, namely, David Beveridge, Marion B. Lee and John F. Beveridge.- Letters of administration were granted upon her estate to Martin L. Lee as administrator in Fébruary,
The policy on its face purports to be a contract between the Manhattan Life Insurance Company of the one part and Marion Beveridge of the other part. Marion Beveridge was the assured and David Beveridge is in no way connected with the contract, except, first, as the agent of Marion Beveridge in obtaining the
It is claimed that the intention of David Beveridge should govern and that it was the intention of David Beveridge that this policy should be payable to his mother, Marion Beveridge, if living, of in case of her death, it should be subject to his will or further designation of a beneficiary. Assuming that his intention should govern, we find that the contract itself expressly provides for the payment of the amount to Marion Beveridge, her executors, administrators and assigns. The application states that Marion Beveridge has an interest in the life of David Beveridge to the full amount of the' $5,000. Marion Beveridge, at the time of this transaction, resided in Newburgh, in the State of New York, while her son resided in Wisconsin., There is no evidence that he ever contributed to the support of his mother. It is affirmatively shown that she was not dependent upon him for support and maintenance. At the time the policy was issued the husband of Marion Beveridge was living, and she had a sepárate estate which amounted to at least $10,000, at the time her of death in 1895. After the death of Marion Beveridge, David Beveridge desired to change the beneficiary, but there is