Kulp v. March

Citations

• 181 Pa. 627
• 37 A. 913
• 1897 Pa. LEXIS 591

Syllabus

<p>[Marked to be reported.]</p> <p>Insurance — Life insurance — Assignment of policies— Gift — Delivery— Possession — Husband and wife.</p> <p>In an interpleader, between the executor and the widow of the insured, to determine the title to certain policies of insurance, it appeared that the insured in his lifetime had executed a regular assignment of the policy in writing, under seal, to his wife. The assignment and the policies were found in the insured’s safe after his death. Two witnesses testified that when the insured was on his death-bed he said that he had transferred his life insurance to his wife, and he requested his wife’s brother to get the insurance money as soon as possible, as his wife would need the money. He also stated that the policies were in the safe among his private papers. After his death the policies and the assignment were found in Iris office safe, in an envelope with his wife’s name indorsed thereon. Held, that the evidence was sufficient to submit to the jury with instructions that they should find for the widow if they found a delivery of the assignment or the policies.</p>