Bowman v. Moore

California Supreme Court Dec 30, 1890 No. No. 13251Published

Before: Thornton

AI Brief

AI-generated · verify before citing

Holding. The court held that the insured effectively exercised his contractual right to substitute his executors as beneficiaries of his life insurance policy by filing a written request with the association, thereby terminating the original beneficiary's contingent interest.

Issues

Whether the insured validly substituted his executors as beneficiaries under the terms of the insurance certificate.
Whether the insured could legally name his executors as beneficiaries of the policy.
Whether the consent of the original beneficiary was required to effectuate a change of beneficiary.

Disposition. affirmed

Quotations verified verbatim against the opinion

“That must be considered as done which it was the intention of the assured to do.”

“It was a part of the contract, as entered into in the beginning, that the assured, of his own free, unrestrained will, might at any time make the substitution he desired.”

Synopsis

Mutual Benefit Association—Insurance oe Life — Chance of Beneficiary. —Where a certificate of membership in a mutual benefit association, purporting to be an insurance on the holder’s life, payable after his death to his wife as beneficiary, provides that the member may, in writing filed with the association, substitute some other beneficiary, the sending of a letter to and filing it with the association by the holder of the certificate, requesting that the beneficiary he changed to the executors named in his will, and an indorsement upon the certificate, signed by the secretary, changing and substituting the beneficiary, is a substitution in writing of another beneficiary, in accordance with the provisions of the certificate.

Id.—Change in Writing — Act of Secretary — Agency. — It is not necessary, to effect a change of the beneficiary, that the change should he wholly in the handwriting of the member; hut it may he done through the agency and handwriting of the secretary, provided it was done by the authority of the member, and for him.

Id. — Substitution of Executors as Beneficiaries —Will —Devise. — The substitution of the executors of the member as his beneficiaries, and the insertion in his will of a direction to them to apply the proceeds in payment of his debts, is not an attempt to devise by will the policy or its proceeds.

Thornton, J. Joseph Bowman became on the thirteenth day of June, 1885, a member of the California Life and Accident Association, a corporation and mutual benefit association, and there was issued to him a certificate of membership therein numbered 893. This certificate purported to be an insurance on his life for five thousand dollars, payable after his death to the plaintiff, Jennie Bowman, his wife, “ unless," as provided in the certifícate, “ said member shall in writing filed with this association substitute some other beneficiary, in which case said amount shall be paid to said substituted beneficiary."

On June 4, 1886, Joseph Bowman executed his last will, naming therein the defendants as executors thereof. In this will he inserted the following provision: “Thirdly, [309]I direct that my executors hereinafter named shall, as soon after ray death as possible, collect the amount due on a certain policy issued by the California Life and Accident Association, said policy numbered 893, made payable to Jennie Bowman, bearing date June 13 (thirteenth), 1885, said policy to be transferred for the purposes hereinafter expressed, viz., in full payment of all my debts owing at the time of my death, or in part payment of the same if my debts exceed the amount of said policy, to wit, five thousand dollars.”

After the execution of his will, Joseph Bowman filed with the secretary of the association this writing:—

“Gilroy, June 4, 1886.

“ Secretary Cal. Life and Acc’t Ass’n, San Francisco.

“ Dear Sir, — Inclosed herewith, I hand you my certificate of insurance in your company. Please do favor to change the beneficiary from the name now embraced in the said certificate to the executors named in my will, which bears even date herewith, viz., June 4, 1886, and for the purposes therein expressed. Thus oblige,

“Joseph Bowman.

“ Return policy to George T. Dunlap, Gilroy, OaL”

Indorsed on this direction' on file in said secretary’s office are the following words and figures: “ Change made June 9, 1886,” and upon the certificate of membership, partly in print and partly in writing, is endorsed the following:—

“ The beneficiary under this certificate of membership, pursuant to the rules of this association, is hereby ■changed from Jennie Bowman, wife of the person named in the within certificate, to the executors named in his will, which bears date of June 4, 1886, or their legal representatives, said change being made at the written request of Joseph Bowman, dated Gilroy, June 4, 1886.

Bowman v. Moore

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief