Daugherty v. Daugherty

• Decision Date: 12 March 1913
• Parties: DAUGHERTY v. DAUGHERTY et al.
• Court: Kentucky Court of Appeals

154 S.W. 9

152 Ky. 732

DAUGHERTY v. DAUGHERTY et al.

Court of Appeals of Kentucky.

March 12, 1913

Appeal from Circuit Court, Campbell County.

Action by Norma Daugherty against Fannie Daugherty and another. From a judgment of dismissal, plaintiff appeals. Reversed and remanded, with directions.

Matt Herold, of Newport, for appellant.

Sam E Anderson, of Newport, for appellees.

MILLER J.

By its policy dated December 15, 1908, the Metropolitan Life Insurance Company insured the life of Walter T. Daugherty, an unmarried man, for $1,000. The policy was payable to Fannie Daugherty, his mother, and contained the usual provision permitting the insured to designate a new beneficiary by filing a written notice thereof at the home office of the company; such change to take effect upon the indorsement of the change on the policy by the company. Walter Daugherty married appellant, Norma Daugherty, on April 16, 1910, and in compliance with his request, the company made an indorsement upon the policy on December 28, 1910, making Norma Daugherty, the wife of the insured, the beneficiary in place of Fannie Daugherty, his mother. In July, 1911, Walter Daugherty became permanently ill, and he and his wife and infant child went to live with his mother. He died there on March 12, 1912. On February 28th, 12 days before his death he signed a paper directing the company to again change the policy so as to make his mother, Fannie Daugherty, the beneficiary in place of his wife, Norma Daugherty; but, the paper being insufficient in form, the company returned it to him, with a proper paper for him to sign. He signed the new paper on March 8th, four days before his death, and forwarded it to the company, which made an indorsement upon the policy on March 15, 1912, three days after Walter's death naming Fannie Daugherty, his mother, as beneficiary in place of Norma Daugherty, his wife. On March 21, 1912, Norma Daugherty, the widow, brought this action against Fannie Daugherty, her mother-in-law, and the insurance company, to recover the $1,000 called for by the policy, alleging that while Walter Daugherty was sick, and in contemplation of his death, and in fraud of her marital rights, and for the purpose of depriving her of any benefit in his estate, and while he was under the control and influence of his mother, and through her fraud, he revoked the designation of plaintiff as the beneficiary under said policy, and substituted the name of his mother therefor. The insurance company answered, admitting its liability, and offering to pay the money to whomsoever the court might direct it to be paid. A demurrer to the petition as amended was overruled, upon the authority of Gaines v. Gaines, 99 S.W. 600, 30 Ky. Law Rep. 710. The answer of Fannie Daugherty, the mother, is in one paragraph; and, after traversing the allegations of the petition, it alleges that her son made her the beneficiary under an agreement which was reduced to writing, by which she was to pay his physician and funeral bills, and other just debts, and use any surplus...