Weil v. Marquis

Citations

• 256 Pa. 608
• 101 A. 70
• 1917 Pa. LEXIS 669

Syllabus

<p>Decedents’ .estates — Bankruptcy—Insurance policies — Bights of creditors — Power of decedent to change beneficiary — Acts of April 15,1868, P. L. 108; May 1,1876, P. L. 58; June 1,1911, P. L. 581, and May 5, 1915, P. L. 258.</p> <p>1. In an action of assumpsit for money had and received to plaintiffs’ use it appeared from the statement of claim and affidavit of defense that plaintiff was administratrix of a decedent who died in 1914 intestate and insolvent, that decedent had taken out sundry life insurance policies payable to his wife, with the right of the insured to change the beneficiary; that decedent died without having exercised such right and that his widow collected the insurance money which amounted to much less than his debts.Plaintiff contended that she was entitled to recover from the widow what the latter had received from the insurance companies, and asked judgment for want of a sufficient affidavit of defense for either the amount of the proceeds collected on the policies or the amount of their surrender value immediately before the death of the insured. Held, the court properly discharged the rule.</p> <p>2. In sueb case tbe disposition of tbe proceeds of tbe policies was governed by the Act of April 15, 1868, P. L. 103, providing in effect that insurance money payable to tbe wife and children of an insured should be free from the claims of creditors and the Acts of May 1, 1876, P. L. 53; June 1, 1911, P. L. 581, and May 5, 1915, P. L. 253, did not apply.</p>