Succession of Roder

Citations

• 121 La. 692
• 46 So. 697
• 1908 La. LEXIS 739

Syllabus

<p>1. Insurance — Right to Proceeds — Life Policy — Children as Beneficiaries.</p> <p>The plaintiff in rule sued for the possession of two insurance policies made in favor of the surviving children of the insured and others.</p> <p>2. Same — Not Grandchildren.</p> <p>The defense in rule sets out that the grandchildren are entitled to a proportion of the proceeds on these policies corresponding to their interest in the succession of the insured.</p> <p>3. Same — Interest in the Policy.</p> <p>The beneficiaries are the surviving children. The three children who departed this life prior to the_ insured are not included among the beneficiaries, nor the grandchildren.</p> <p>4. Same — Question of Interest.</p> <p>The words used to designate the beneficiaries show that the surviving children were those intended. The policy provided, further, if there are no surviving children, then to the executors, administrators, or assigns of the insured.</p> <p>5. Same — Executors, Administrators, or Assigns of Insured.</p> <p>The assured made the policy payable to his wife ; if she died, then to the children surviving, then to his succession, without reference to grandchildren.</p> <p>(Syllabus by the Court.)</p>