Stigler's Ex'x v. Stigler

Citations

• 77 Va. 163
• 1883 Va. LEXIS 46

Syllabus

<p>r. Voluntary Conveyances, &c.—Life policies.—Under Code 1873, ch. 114, \\ 2, so far as the means of insured are withdrawn from creditors to pay premiums, they are entitled out of the proceeds of policy to have the sums so paid, applied to their claims.</p> <p>2. Qucere.—Whether steps must be taken within five years to avoid such payments.</p> <p>3. Life Policy—Construction.—By his first wife insured has one child, and by his last, five children. He insured his life for $5,000 “for the benefit of his wife and their children.” The widow and the children had received those proceeds, leaving debts of the decedent unpaid.</p> <p>Held:</p> <p>The child by the first, as well as the children by the last wife, is entitled to share the proceeds of the policy, and having received their shares, they and the widow must contribute (to the extent of the premiums paid by the insured) ratably to the payment of those debts.</p> <p>4. Guardians.—A father was guardian of his child, and had in his hands funds of his ward, the interest whereof the court authorized him to apply to the ward’s maintenance and education; but he was able to maintain and educate his child out of his own means, and there is nothing to show that he, for that purpose, used the ward’s funds; no allowance will be made for such maintenance and education after the guardianship has terminated.</p>