Supreme Lodge of the Knights of Pythias v. Ferrell

Citations

• 83 Kan. 491
• 112 P. 155
• 1910 Kan. LEXIS 569

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statute op Frauds — Executed Parol Antenuptial Contract. In an action by a widow to maintain her rights derived through the execution of a parol antenuptial contract, the contract having been executed by both parties thereto, the statute of frauds has no application. Such executed contract is valid.</p> <p>2. Fraternal Insurance — -Change of Beneficiary — Antenuptial Agreement. Where in the part performance of an antenuptial contract a husband procures a change in a certificate of insurance, in which his children were the sole beneficiaries, so as to make his Wife an equal beneficiary with the children, and where she has fully executed the antenuptial contract on her part, she thereby obtains an equitable interest in the certificate; and he can not thereafter, without her consent, surrender the certificate and obtain the issuance of a new one in which a third party is named as the sole beneficiary, and thus devest her of her interest in the certificate which was procured pursuant to such contract.</p> <p>3. -Possession of Beneficiary Certificate. The rights of a. beneficiary named in a certificate of insurance in nowise depend upon the possession thereof by the beneficiary.</p>