DeCoursey v. Johnston

Citations

• 134 Pa. 328
• 19 A. 1074
• 1890 Pa. LEXIS 707

Syllabus

<p>1. Where a husband and wife joined in the assignment of a policy upon the life of the husband for the benefit of the wife, and the assignee transferred the policy to another and died, in a feigned issue between the second assignee and the widow of the assured, to determine the ownership of the proceeds, the widow is incompetent to testify as to matters occurring before the death of the first assignee: § 5 (e), act of May 23, 1887, P. L. 159.</p> <p>2. Where the assignment of such policy was made as collateral security for tire husband’s note, and provided for the public or private sale of the policy and the application of the proceeds “ to the payment of this note and all necessary expenses and charges,” the expenses and charges contemplated were those incident to the sale of the collateral, and would not include a counsel fee for the trial of the feigned issue.</p>