Succession of Miller v. Manhattan Life Ins.

Citations

• 110 La. 652
• 34 So. 723
• 1903 La. LEXIS 689

Syllabus

<p>LIFE INSURANCE POLICY — ASSIGNMENT—VALIDITY — PROVISION FOR WIFE — CONSIDERATION — DATION BN PAIEMENT.</p> <p>1. The validity of the assignment of a life insurance policy is to be determined by the law of the place where the assignment is made, and not by the law of the place where the policy Was issued or the insurance is payable. The insurance contract and the assignment are two distinct, separate contracts.</p> <p>2. The taking out of life insurance in favor of a third person may constitute a stipulation pour autrui, but the assignment of a policy already taken out is an ordinary contract between the assignor and the assignee.</p> <p>3. A husband, who, in order to'provide for his wife, transfers to her a policy which he had theretofore taken out on his own life, payable to his executors, administrators, or assigns, would not seem to be exercising a liberality, but to be discharging the obligation that rests upon every husband to make provision for his wife for the time after his death; but this obligation to make provision for the wife is not a legal or perfect obligation, and is not classible in any one of the four categories into which the Code has divided natural obligations. It is therefore a purely moral obligation, and, since the Code denies any legal operation to purely moral obligations, it’ cannot serve as a consideration for an onerous contract. A transfer of property (in this case a life insurance policy) by the husband to the wife in satisfaction of it is therefore not an onerous contract, hut a donation, and, as such, subject to the rules of form prescribed for donations.</p> <p>4. This obligation of the husband to make provision for the wife for the time after his death is, besides, subject to the uncertain condition of the predecease of the husband, and for this additional reason is not such a debt as may serve as a legitimate cause, within the meaning of article 2446,' Rev. Civ. Code, for a dation en paiement by husband to wife.</p> <p>(Syllabu