Reports of Cases Argued and Determined in the Supreme Court of Tennessee (Volume 117) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907. Excerpt: ... Simms v. Randall. P. D. Simms, Admr., v. Mabel Randall et al. (Knoxville. September Term, 1906.) 1. LIFE INSURANCE. Beneficiary. Rights of, not diverted without consent, when. When a life insurance policy is issued payable to a third person whose relationship to the assured is such as to authorize the taking out of insurance for the benefit of such party, the general rule is that a right is at once vested which cannot be divested without the consent of the beneficiary. Case cited and approved: Gosling v. Caldwell, 1 Lea, 454. 2. SAME. Same. May be changed at will of assured, when right to do so is reserved. Where, however, the by-laws of the benefit society or order, or the terms of the certificate or policy of life Insurance, permit the member, or the assured, to change the beneficiary at pleasure, the rule stated in the first headnote does not apply, and the beneficiary acquires no vested interest, but has a mere expectancy, depending alone upon the will of the assured. Case cited and approved: Life Association v. Winn, 96 Tenn., 224. 3. SAME. Same. Case in judgment. The by-laws of a mutual benefit society provided that members might change beneficiaries on application accompanied by the consent of the original beneficiary and surrender of the original certificate. The certificate was issued to a member for the benefit of his sister, who died before the member. The member made no change in the certificate, and at his death it remained as it had been originally issued, "payable to" his sister. Held, that the sister died the owner of a vested interest in the certificate, and the fund accruing on the death of the member passed under the statute of distribution to her distributees. Simms v. Randall. FROM HAMILTON. Appeal from Chancery Court of Hamilton Coun...