Adams v. Jackson

• Decision Date: 10 December 1938
• Parties: ADAMS v. JACKSON et al.
• Court: Tennessee Court of Appeals

126 S.W.2d 899

23 Tenn.App. 118

ADAMS v. JACKSON et al.

Court of Appeals of Tennessee, Middle Section.

December 10, 1938

Certiorari Denied by Supreme Court April 1, 1939.

Appeal from Chancery Court, Wilson County; J. W. Stout, Chancellor.

Suit by A. A. Adams, administrator of the estate of Richard Williamson, deceased, against Alberta Jackson and others to determine the rights of various claimants to the proceeds of a war risk policy wherein the State of Tennessee filed a petition pro inter esse suo to have the fund escheated to the State, the United States filed a petition to have fund escheated to the United States, and Arthur Williamson administrator of Henry Williamson, filed an intervening petition. Judgment for defendant Alberta Jackson, and defendant Margaret Williamson, and Arthur Williamson and State of Tennessee and the United States appeal.

Affirmed with directions.

A. A Adams, of Lebanon, for complainant administrator.

A. A. Adams, Jr., of Lebanon, for defendant Alberta Jackson.

J. Carlton Loser, L. B. Loser, and R. C. Boyce, all of Nashville, for defendants, Arthur Williams and others.

Cornelius, McKinney & Gilbert, of Nashville, for petitioner State of Tennessee.

A. O. Denning, of Gallatin, and O. W. Hughes, of Nashville, for petitioner United States.

CROWNOVER Judge.

This is a War Risk Insurance case.

The original bill in this cause was filed, in 1932, by the administrator of the estate of Richard Williamson, deceased, an illegitimate, and a veteran of the World's War, to determine the rights of the various claimants to a fund of $10,116.70, the proceeds of a war risk insurance policy, which had been paid to him as administrator, on August 2, 1932, by the United States Veterans' Bureau.

Answers were filed by the widow, children, and for the minor heirs of a deceased son, of Henry Williamson, deceased, by his last marriage, alleging that Richard Williamson was the son of Henry Williamson by a former marriage; that Richard predeceased Henry; that respondents were entitled, through Henry, to said fund; and that Alberta Jackson, another claimant, was the illegitimate niece of Richard and therefore not entitled to inherit from him.

Alberta Jackson answered and alleged that Richard Williamson was an illegitimate child of Novella Tate; that Henry Williamson was his putative father, therefore he and his children were not entitled to inherit from him; that she was a daughter of an illegitimate sister of Richard, and entitled to inherit from him under the Acts of 1885, Chapter 34, section 1.

The State of Tennessee filed in the cause a petition pro inter esse suo to have said fund declared escheated to the State (Code, sec. 7751) and for its recovery on the ground that deceased insured left no heirs capable of inheriting the same; that the heirs of Henry Williamson cannot claim through a putative father; and that an illegitimate niece of an illegitimate sister of the illegitimate deceased insured has no right of inheritance.

The United States filed a petition in the cause to have said fund escheat to the United States for failure of heirs, the fund being the proceeds of a War Risk Insurance policy issued by the United States. U.S.C.A., Title 38, §§ 512, 514.

A guardian ad litem was appointed for the minor defendants, who answered, and publication was made for the unknown heirs of Richard Williamson.

Joe Tate et al., grandchildren of Patsy Tate, a sister of Life Tate, who was the mother of the illegitimate Novella Tate, the mother of the illegitimate Richard Williamson, filed their answer. This claim, which could not be maintained, was apparently abandoned.

Arthur Williamson, administrator of Henry Williamson, filed an intervening petition alleging that Henry Williamson had been designated the beneficiary in said insurance policy, and that he was entitled to be designated beneficiary, under the United States statute, although only a natural father, by reason of the fact that he had stood in loco parentis to the insured for more than a year prior to his enlistment, and during his minority, thereby acquiring the right to claim as a parent under the statute; therefore his administrator was entitled to collect the installments accruing between the death of Richard Williamson, in October, 1920, and the death of the beneficiary, Henry Williamson, in 1928, amounting to about $4,000.

It appears that the first claim, that of inheritance through Henry, as the father of Richard, was abandoned.

And it appears that the administrator of Henry Williamson recognized that in no event could he receive more than the installments that had accrued, and were unpaid, up to the date of the death of Henry. Wade v. Madding, 161 Tenn. 88, 28 S.W.2d 642; U.S.C.A., Title 38, § 514; Luster v. Kite, 162 Tenn. 583, 39 S.W.2d 267; Eblen v. Jordan, 161 Tenn. 509, 33 S.W.2d 65; Newborn v. De Witt, 164 Tenn. 519, 51 S.W.2d 478.

Under the above cases the War Risk Insurance Acts now in force control.

The administrator of Richard answered the petition of the administrator of Henry denying that Henry had been named beneficiary and alleging that the policy was made payable to the estate of Richard, that the beneficiary was "himself." He filed as exhibits to his answer letters from officials of the United States Veterans' Bureau stating that no beneficiary was designated in the policy.

Alberta Jackson filed her answer to said petition denying that Henry was named beneficiary, that he had stood in loco parentis to Richard, and that he was entitled to be designated beneficiary. She filed as exhibits to her answer letters from the Veterans' Bureau stating that no beneficiary was named.

The Chancellor found and decreed that Alberta Jackson, niece of insured, was entitled to said fund and that no other party was entitled to any part of it; and he dismissed the suits of all other parties including the State of Tennessee and the United States.

Arthur Williamson, Margaret Williamson, Fannie Jackson, Arthur Williamson, administrator, the State of Tennessee and the United States perfected their appeals, and have assigned errors, which raise the following questions:

(1) Was Henry Williamson designated the beneficiary in said policy, and was he in the permitted class of beneficiaries?

(2) Did the Acts of 1885, Chapter 34, sec. 1, have the effect of granting the right of inheritance to the illegitimate child of an illegitimate sister of the illegitimate deceased?

(3) Should the fund escheat to the State of Tennessee?

(4) Or should it escheat to the United States?

The facts of the case, as shown by the record, are:

The deceased insured and the parties claiming the insurance as his heirs are all colored people, who live in Wilson County.

Novella Tate, the mother of the deceased insured Richard, was an illegitimate child of a daughter of a slave marriage. Novella had three illegitimate children: Tommy, Bertha and Richard. Henry Williamson was their putative father. Novella, Tommy and Bertha predeceased Richard. Tommy died without issue. Bertha was survived by one child, Alberta Jackson, who was illegitimate, and who is one of the claimants in this suit. All those deceased have died since 1885.

Henry Williamson married Margaret Williamson, one of the claimants. They had three legitimate children: Arthur Williamson, Fannie Jackson, and another son who died leaving the minor defendants as his heirs.

It appears that Richard lived with Henry some of the time during his minority.

In 1917 or 1918, at the age of about 30, Richard became a soldier in the United States Army and procured a policy of insurance in the sum of $10,000, payable to his estate. He was injured in the World's War in line of duty, from which injuries he died in a Veterans' Hospital, on October 31, 1920.

The insurance had lapsed for non-payment of premium, but was reinstated upon the Veterans' Bureau receiving information that he was suffering from a service connected disability at the time he permitted his insurance to lapse.

Richard had never married, died intestate, and was a citizen of the State of Tennessee at the time of his death, in 1920.

Henry Williamson died on June 27, 1928, leaving a widow, Margaret Williamson, and the above named legitimate children. His son, Arthur Williamson, was appointed his administrator.

In May, 1932, A. A. Adams, Sr., was appointed administrator of the estate of Richard Williamson, deceased, and on August 2, 1932, the United States Veterans' Bureau paid said fund of $10,116.70 over to him to be distributed to those persons entitled under the laws of the State of Tennessee to take the personal property of said insured.

It appears that the policy was issued to "Richard Williams," but there is no question about the identity of the insured.

The claimants to this fund are:

(1) The administrator of Henry Williamson, claiming the accrued installments between the death of Richard and the death of Henry, about $4,000, on the ground that Henry was the beneficiary in the policy.

(2) Alberta Jackson, the illegitimate niece, being the illegitimate daughter of an illegitimate sister of the illegitimate insured, Richard. She claims the whole fund as the only legal heir.

(3) The State of Tennessee, claiming that Henry was not the beneficiary and that Alberta Jackson is not capable of inheriting.

(4) The United States, claiming that the fund, being the proceeds of a War Risk Insurance policy, must escheat to the United States and not to the State of Tennessee.

1. No part of this fund can be decreed to the administrator of Henry Williamson for two reasons: (a) He could not have taken as beneficiary under the policy. (b) He was not designated beneficiary.

(a) The evidence shows that Henry Williamson was...