Catholic Mut. Ben. Ass'n v. Firnane

• Decision Date: 18 January 1883
• Citation: 14 N.W. 707,50 Mich. 82
• Parties: CATHOLIC MUTUAL BENEFIT ASS'N v. FIRNANE.
• Court: Michigan Supreme Court

14 N.W. 707

50 Mich. 82

CATHOLIC MUTUAL BENEFIT ASS'N v. FIRNANE.

Supreme Court of Michigan

January 18, 1883

F being about to marry, made a will on July 26, 1880, by which he gave to his intended wife "one-half of all his property of all kinds, real and personal," that he might die possessed of, and the other half to his sister B. in trust for his father's family. August 22, 1881, F. died. September 25, 1881, twin posthumous children were born to him, both of whom died a few hours after birth. October 4 1881, the will was probated. At his death he was entitled to an insurance fund of $2,000 in "C.M.B.A." Held that under the operation of sections 4326, 4321, 4377, and 4309 of Compiled Laws, at the birth of the posthumous children they became entitled to two-thirds of this fund which, on their death, passed to their mother, the widow, leaving the other third to pass under the will, to be equally divided between her and the sister of the testator.

Appeal from superior court of Detroit.

John G. Hawley and Brennan & Donnelly, for defendant and appellant.

COOLEY J.

The question in this case arises upon the will of Michael Firnane, who was husband of defendant Eleanor Firnane and brother of defendant Bridget Firnane. Mr. Firnane's will bears date of July 26, 1880, the day before his marriage. In it he gives the intended marriage and his being about to go upon a journey as the occasion for making the will. He gives to his intended wife "one-half of all his property, of all kinds, real and personal," that he may die possessed of, and the other one-half to his sister Bridget in trust for his father's family. The concluding clause of the will is as follows: "For the convenience of my executor I say that all evidence of my estate, real and personal, is found in my desk and tin box; deeds, mortgages, and notes, and one-half interest in the firm of Hawley & Firnane, and a life-insurance policy of $2,000 in the C.M.B.A." These letters indicate the Catholic Mutual Benefit Association, and the question of the right to the moneys mentioned in this policy is all that is involved in this suit. In the superior court one-half was awarded to the plaintiff and the other half to the defendant.

The facts occurring subsequent to Mr. Firnane's marriage, and which may have a bearing, are the following: Mr. Firnane died August 22, 1881. Special administration was granted upon his estate September 5, 1881. About September 25, 1881, twin posthumous children were born to him, both of whom died a few hours after their birth. October 4, 1881, the will was duly probated in the probate court for the county of Wayne. William Aikman, Jr., who was named executor in the will, renounced the trust, and on November, 1881, the widow was appointed administratrix cum testamento annexo, and received letters accordingly. A controversy then arising respecting the right to the insurance moneys, the benefit association filed a bill of interpleader, and upon that bill a decree for interpleading was duly made. The present appeal is from the decree in the interpleader suit. The benefit association is a New York corporation, and, by the provisions of the act under which it is incorporated, the beneficiary fund or insurance money is to be paid over to whomsoever the party insured should in his life-time appoint, and the same is to be "exempted from execution," and not "liable to be seized, taken, or appropriated by any legal or equitable process to pay any debt" of the party insured.

The fund is evidently intended to be a provision for the family and not to become...