Garner v. Bemis

Citations

• 81 Fla. 60
• 87 So. 426

Syllabus

<p>1. Where a life insurance policy is claimed as a gift without assignment to one not the beneficiary designated therein, proof of the actual or constructive delivery óf' the policy with intent to pass the title irrevocably, must be clear and convincing. A sufficient delivery or . a complete and absolute surrender of all legal power and- dominion over the policy, with an intent on the part of the donor to part absolutely with the title, must be affirmatively shown by evidence.</p> <p>2. Where the insured has a right to change the beneficiary in a policy on his life, and expresses an intent to make such change, but in fact does not do so, the intent alone is ineffectual. Merely expressing an.intent to change the beneficiary and notifying the insurer of such intent is insufficient. Where the policy is not assigned to or duly delivered or surrendered as a gift, the title thereto remains in the assured.</p> <p>3. In the case of an alleged gift from husband to wife, there must be clear and convincing evidence of a delivery of the property by the husband with the intention of divesting himself of all dominion and control of it and of vesting it i>< the wife, and the evidence of the circumstances of a gift of an unindorsed chose in action should be full, clear and convincing. When the claim of a gift is not asserted until after the death of the alleged donor, it should be sustained by clear and satisfactory evidence of every element which is requisite to constitute a gift.</p>