Acacia Mut. Life Ins. Co. v. Feinberg
| Decision Date | 08 May 1945 |
| Citation | 61 N.E.2d 122,318 Mass. 246 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | ACACIA MUTUAL LIFE INSURANCE COMPANY v. GOLDIE SEDAR FEINBERG & others. |
April 2, 1945.
Present: FIELD, C.
J., DOLAN, RONAN WILKINS, & SPALDING, JJ.
Insurance, Life change of beneficiary.
A conclusion, that the insured under a life insurance policy had not done all in his power to accomplish a change of beneficiary nor substantially complied with a provision of the policy that such a change should not be effective unless made in writing to the insurer and endorsed by it on the policy, was proper where it appeared that the policy was in the possession of the insured's wife, the beneficiary named therein, who refused his demand to return it to him, and that, after filing with the insurer an affidavit setting forth his desire to make a change of beneficiary, his demand on his wife and her refusal, and after being advised by an attorney to bring suit against his wife for a return of the policy, he did nothing further to effect the change up to the time of his death some months later; and consequently on his death the wife was entitled to the proceeds.
BILL IN EQUITY filed in the Superior Court on November 4, 1943.
The second hearing of the suit was by O'Connell, J.
H. M. Pakulski, for Archibald I.
Feinberg and others.
H. Bergson, for Goldie Sedar Feinberg.
This is a bill to require the defendant Goldie Sedar Feinberg, and other defendants described as trustees of the "Feinberg Estate," a voluntary association, to interplead in order to determine their rights in the proceeds of a policy of life insurance issued by the plaintiff. When the case was here before, 317 Mass. 8 , exceptions of the defendant Goldie were sustained and the final decree that had been entered in favor of the defendant trustees was reversed, and it was ordered that the case stand for further proceedings in the Superior Court. In accordance with an interlocutory decree entered by the judge, the plaintiff, hereinafter referred to as the insurer, paid the amount due on the policy into court, and after further proceedings the judge entered a final decree adjudging that the defendant Goldie (the wife of the insured and the beneficiary named in the policy) was entitled to the proceeds of the policy and ordering payment thereof by the clerk of the court accordingly. The defendant trustees appealed.
The evidence is reported and the judge, upon being requested to report the material facts found by him, adopted as such all the facts previously found by him in a "Memorandum of Findings and Order for Decree." This was a sufficient compliance with G. L. (Ter. Ed.) c. 214, Section 23. See Birnbaum v Pamoukis, 301 Mass. 559 , 562.
Material facts found by the judge and those we find ourselves may be summed up as follows: Benjamin Feinberg, the husband of the defendant Goldie, died July 17, 1943. A policy of insurance upon his life in the amount of $5,000 issued by the insurer on March 1, 1927, became payable upon his death. The defendant Goldie was named as beneficiary in the policy under which the insured had reserved the right to change the beneficiary. The policy contained a provision that the insured "may change any beneficiary not irrevocably designated . . . provided that no such designation or change shall be effective unless made in writing to the Association and endorsed hereon by the
Association prior to the time when this policy shall become payable." The "Feinberg Estate" is an association of relatives "in direct or collateral descent from the grandmother" of the insured. It was formed in 1916, the general purposes being to provide relief by loans of money or gifts to relatives who might be in financial distress, and to promote social relations among the relatives. In August 1942, the insured took steps to have the name of the beneficiary changed from that of his wife to "Feinberg Estate." At that time he conferred with the manager of the Boston office of the insurer, disclosed his intention to change the beneficiary, and acting upon the manager's advice sought unsuccessfully to secure possession of the policy which was held by his wife. On December 4, 1942, he filed an affidavit with the insurer setting forth that he had made demand on his wife for the return of the policy and that he wished to have the name of the beneficiary changed from that of his wife as before set forth, but that his wife refused to deliver the policy to him. The affidavit was made in accordance with the advice and at the direction of the insurer's manager, who, however, did not receive and file it with any purpose to waive the requirements of the policy. [1] On the same day, acting through an attorney at law who had assisted him in preparing that affidavit, he made written demand upon his wife for the return of the policy. His wife by a writing signed by her attorney refused to return it, claiming ownership thereof. On or about December 4, the insured had consulted his attorney and discussed with him the subject of...
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