Fox v. Senter

• Decision Date: 06 April 1891
• Citation: 83 Me. 295,22 A. 173
• Parties: FOX v. SENTER et al.
• Court: Maine Supreme Court

22 A. 173

83 Me. 295

FOX

v. SENTER et al.

Supreme Judicial Court of Maine.

April 6, 1891.

(Official.)

Report from superior court, Cumberland county, in equity.

This was an amicable bill in equity, heard on bill and answer, brought by the plaintiff, as executor of the will of William Senter, of Portland, deceased, to determine the disposition of moneys received by the executor upon policies of life insurance on the life of said Senter.

The answer contained an express admission of the several averments of the bill, and submitted the determination of all questions involved to the judgment of the court thereon.

The questions submitted are as follows:

" First. Shall your orator consider the money, or any portion thereof, by him received, as executor of the will of William Senter, of said several life insurance companies, or any one of said companies, and account therefor as a portion of the estate of William Senter? Or shall the same, in whole or in part, be adjudged as the sole property of Elizabeth P. Senter, widow of William Senter, under and by force of section 10, c. 75, of the Revised Statutes?

"Shall the premiums paid by William Senter within three years from his death, with interest, make a part of his estate?

"Second. If said insurance money is adjudged to be a portion of the estate of Wiliam Senter, and upon the death of Elizabeth P. Senter to descend, by the terms of his will, one-third to the heirs of Elizabeth P. Senter, and two-thirds to the heirs of William Senter, as therein mentioned, shall your orator retain said fund in his hands, the use of the same to be paid by him to Elizabeth P. Senter during her life, or shall said insurance money be delivered to her, she to have the use and control thereof during her life?"

The terms of the will, and other facts, are sufficiently stated in the opinion.

Frederick Fox, per se.

Symonds & Libby, for defendants.

HASKELL, J. William Senter died solvent, leaving $30,000 or $40,000, exclusive of life insurance amounting to $11, 186.20. He left a widow and no children. He bequeathed to charity $2,500, and devised the use of all "the remainder" of his property—a house in Portland, inventoried at $5,000, being his only real estate—to his widow during life, and at her decease the "remaining property," one-third to her heirs, and two-thirds to bis heirs; and the question is, who takes the life insurance?

1. It is settled law that a solvent testator, leaving a widow, may dispose of life...