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• Title: Henderson v. Adams
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 25, 1941
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

DOLAN, Justice. These two cases, one at law and the other in equity, relate to the proceeds of a certificate of insurance issued upon the life of Adolph Adams, deceased, under a policy of group life insurance by the Metropolitan Life Insurance Company. In the action at law which was brought first, the widow of the deceased sought to recover the proceeds from the insurance company. While the action was pending she died, and the executrix of her will was substituted as party plaintiff. In the suit in equity the plaintiffs seek to compel the defendant to deliver to them the certificate of insurance. In the action at law the insurance company filed a petition and answer by way of interpleader (G.L. (Ter.Ed.) c. 231, § 40), setting forth that Hector, Rudolph and Elmer Adams, children, and Doris Maguire, a grandchild of the insured (by his daughter Florille), claimed the proceeds. Thereupon an order was entered substituting the claimants as parties defendant, allowing the insurance company to pay into court the proceeds of the insurance, and directing that when payment was so made the action be discontinued against the insurance company and its liability as represented by the certificate of insurance be discharged. Payment was so made into court. In the action at law, jury trial was waived and the case was referred to an auditor. It was agreed that his findings were to be final. While this action was pending the suit in equity was begun by the plaintiffs in that case, and was referred to a master, who was the same person as the auditor. The findings of the auditor and master are the same. In the action at law the Judge found for the claimants. In the suit in equity the Judge filed 'Findings of Fact and Order for Decree' in which he found that Adolph Adams, during his life, exercised the right to change the beneficiary with substantial compliance with the provisions of the certificate of insurance relating to the change of beneficiary by the insured prior to his death; that Adolph did every act within his power to make the change of beneficiary effective; and that the insurance company had waived any legal rights that it had to insist on the provisions in the policy relative to the delivery of the 'policy' to the company for endorsement when interpleader was filed and money paid into court. A final decree was entered permanently enjoining the defendant from prosecuting her action at law and ordering her to surrender the 'insurance policy in question' to the plaintiffs within thirty days, and ordering the clerk of courts to pay the proceeds of the insurance 'to the four plaintiffs share and share alike'; and that the bill be dismissed as against the Westinghouse Electric and Manufacturing Company and the Metropolitan Life Insurance Company. The action at law comes before us on the plaintiff's exceptions to the denial of her motion for a finding for her, and to the granting of the defendants' motion for a finding for them. The suit in equity comes before us upon the appeal of the defendant in that case. The material facts may be summarized as follows: Adolph Adams was the husband of Josephine Adams, who survived him. Prior to his death he was employed by the Westinghouse Electric and Manufacturing Company, which carried a group insurance policy on the respective lives of certain of its employees, of whom Adolph was one. Under the group plan a certificate in the sum of $4,000 was issued to him. From the date of its issuance to his death, his wife was named as sole beneficiary.

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