130 Ky. 162 | Ky. Ct. App. | 1908
Opinion of the Court by
Reversing.
Sarah E. Woods died intestate on the 14th of March, 1907, leaving as her heirs at law the appellants, Joe Woods and Sam Woods, and the appellees, Oad Woods, Arthur Woods, Mary Woods, and qthers. In the year 1901 she had her life insured in the Equit
The trial court seems to have disregarded the plea of fraud and of mental incapacity, and we think properly so. The evidence in this case conduces to show that Sarah E. Woods was a woman of fine common sense, and that she knew how to attend to and manage her own affairs. When she took out the policy she understood perfectly well the nature of the contract which she had made with appellants. There is also evidence to the effect that the same privilege, of taking out insurance on her life, was accorded to her .other children, but that they failed to avail themselves of it. All along they knew of the existence of the policy in question and of the fact -that appellants were paying the premiums thereon in pursuance of the contract by the terms of which they expected to secure the proceeds. However, the trial court held that appellants,, who were the sons of Sarah E. Woods, had no insurable interest in the life of their mother. The court seems to have proceeded upon the idea that
In the recent case of Hess’ Admr. v. Segenfelter, etc., 127 Ky. 348, 105 S. W. 476, 32 Ky. Law Rep. 225, 14 L. R. A. (N. S.) 1172, this court, in discussing the question of insurable interest, said: “It has been held a son has an insurable interest in the life of his father (Reserve Mutual Life Ins. Co. v. Kane, 81 Pa. 154, 22 Am. Rep. 741.); a father has an insurable interest in the life of his child (Williams v. Washington Life Ins. Co., 31 Iowa 541); sisters and brothers have an insurable interest in the life of each other (May on Insurance, section 107); a wife has an insur
Prior to the above opinion the doctrine that a son had an insurable interest in the life of his parent was recognized in Beard v. Sharp, 100 Ivy: 606, 38 S. W. 1057, 18 Ky. Law Rep. 1029. In Warnock v. Davis, 104 U. S. 779, 26 L. Ed. 926, the rule is thus stated: “It is not necessary that the expectation of advantage or benefit should be always capable of pecuniary estimation; for a parent has an insurable interest in the life of his child, and a child in the life of his parent, a husband in the life of his wife, and a wife in the life of her husband. The natural affection in cases of this kind is considered as more powerful — as operating more efficaciously- — to protect the life of the insured than any other consideration.” In 25 Cyc., p. 704, the doctrine is thus laid down: “It has sometimes been said in definite terms that the relationship of parent and child, without right or liability as to support, and without other direct pecuniary interest, is not sufficient to sustain a policy taken by one on the life of the other. But a more liberal rule seems to be supported by many authorities, in accordance with which such relationship is sufficient in itself to show such interest as will support a policy by the one on the life of the other.” Among the cases recognizing this doc
In speaking of the duties due from children to their parents, Blackstone (1 Lewis’ Ed. p. 428) says: “The duties of children to their parents arise from a principle of natural justice and retribution; for to those who gave us existence we naturally owe subjection and obedience- during our minority and honor and reverence ever after. They who protected the weakness of our infancy are entitled to our protection in the infirmity of their age. They who by sustenance and education have enabled the offspring to prosper ought in return to be supported by that offspring in case they stand in need of assistance. 'Upon this principle proceed all the duties of children to their parents, which are enjoined by positive laws.” It may be safely said that no relationship in life, arising from ties of blood, is more sacred or more binding than that of parent and child. As the mother looks into the eyes of her child and uses every effort to guard it from harm and prolong its life, so the child as maturity comes raises a strong arm to protect her in her old age, and looks with fear to the time when she will be taken away. Thus every common instinct, to say nothing of love and affection, makes each interested in the long life of the other. With such a tie uniting parent and child, we can not accede to the doctrine that some pecuniary loss or disadvantage
Nor do we think the fact that appellants entered .into a contract with George T. Woods, by which he was to furnish one-third of the., premiums and to share in one-third of- the proceeds of the policy, had the effect of invalidating- the policy so far as the appellants are concerned. This precise question was before this court in’ the case*of Beard v. Sharp, supra. There the son had for a number of years- paid the premiums on the policy of insurance on the ife of his uk'‘her issued for his benefit. After paying several premiums he caused a neW certificate to be issued, making himself and a stranger- joint beneficiaries, the stranger- agreeing to pay the premiums. This court' held that the son was entitled* to the whole .amount, of the proceeds of the policy, less the premiums paid by thq stranger, with interest thereon, and further held that the insurance was not invalidated by the designation of a, persop prohibited by law from being a beneficiary. Indeed, iff may be said to be the general' rule that a contract of insurance, is not invalidated by the designation of a person prohibited by law to be a beneficiary. Caudell v. Woodward, 96 Ky. 646, 29 S. W. 614, 15 Ky. Law Rep. 63; Weigelman v. Bronger, 96 Ky. 132, 28 S. W. 334, 16 Ky. Law Rep. 401; Warnock v. Davis, 104 U. S. 775, 26 L. Ed. 924.
Being of the opinion that Sarah E. Woods was mentally capable of contracting, and that no fraud was practiced, either upon her or appellees herein, in securing the contract of insurance, that the subse
For the reasons given, the judgment is reversed-, and cause, remanded, with directions to enter judgment in conformity with this opinion.