Dyke v. &aelig

• Decision Date: 07 March 1917
• Docket Number: (No. 101.)
• Citation: Dyke v. &aelig, 91 S.E. 600 (N.C. 1917)
• Court: North Carolina Supreme Court
• Parties: VAN DYKE v. ÆTNA LIFE INS. CO. et al.

91 S.E. 600

(173 N.C. 700)

VAN DYKE

v.ÆTNA LIFE INS. CO. et al.

(No. 101.)

Supreme Court of North Carolina.

March 7, 1917.

Appeal from Superior Court, Vance County; Cooke, Judge.

Action by Mary Van Dyke, individuallyand as executrix of the will of Robert L. Van Dyke, against the Ætna Life Insurance Company and others.Judgment for plaintiff, and defendantInsurance Company appeals.Affirmed.

This is an action to recover upon an insurance policy issued upon the life of Robert L. Van Dyke, and payable to his children.The said Robert L. Van Dyke died in 1916, leaving a will in which he bequeathed the money arising from the insurance to his wife for the payment of his debts, and appointing his wife his executrix.The wife is a party to the action individually and as executrix, and all of the children of the said Robert L. Van Dyke are also parties.The defendant insurance company does not deny its liability, but contends that the money arising from the insurance ought to be paid to the children and not to the executrix.Judgment was rendered in favor of Mary Van Dyke, and the defendant insurance company excepted and appealed.The children were duly represented, and do not appeal.

J. H. Bridgers, of Henderson, for appellant

T. T. Hicks, of Henderson, for appellee.

PER CURIAM.All persons who have...