Fuos v. Dietrich

• Decision Date: 20 March 1907
• Citation: 101 S.W. 291
• Parties: FUOS et al. v. DIETRICH.
• Court: Texas Court of Appeals

101 S.W. 291

FUOS et al. v. DIETRICH.

Court of Civil Appeals of Texas.

March 20, 1907.

Rehearing Denied April 17, 1907.

Appeal from Bexar County Court; Robt. B. Green, Judge.

Action by Theresa Dietrich against Lillie E. Fuos and others for the amount of a life insurance policy. From a judgment for plaintiff, Lillie E. and H. W. Fuos appeal. Affirmed.

L. B. Camp and W. B. Stephens. for appellants. David J. Powell, for appellee.

JAMES, C. J.

Robert Dietrich insured his life in the Northwestern Mutual Insurance Company by a policy dated September 13, 1905, in which his mother, Theresa Dietrich, was the beneficiary. The policy contained a provision as follows: "The insured, subject to the rights of any assignee, may nominate a beneficiary or beneficiaries, provided none be named herein, or may change the beneficiary or beneficiaries at any time during the continuance of this policy, by filing with the company a written request, accompanied by this policy; such nomination or change to take effect upon the indorsement of the same on the policy by the company." On December 24, 1905, the above insured procured to be indorsed on the policy by the company a change of beneficiary from his mother, Theresa Dietrich, to his sister, Lillie E. Fuos. He became sick about October, 1905, and so continued until his death, about March 28th following. On March 21st he executed the following instrument: "The State of Texas, County of Bexar. Know all men by these presents, that I, Robert H. Dietrich, of said county and state, for a valuable consideration, and being of sound and disposing mind, do hereby give, assign, transfer, devise, and bequeath unto Theresa Dietrich, of San Antonio, Bexar county, Texas, all of the estate, right, title, and interest, in possession, reversion, or remainder, which I now have, or at the time of my death shall have, of, in, and to any lands, tenements, hereditaments, or rents charged upon or issuing out of them, and shall have of, in, and to any and all personal property of any and every kind whatsoever, and especially of, in, and to all right, title, and interest in any and all life insurance policies now in force upon my life, and more especially of, in, and to all right, title, and interest in one certain insurance policy now in force upon my life, issued by the Northwestern Life Insurance Company, of Milwaukee, Wisconsin, together with any and all of the proceeds thereof, or in any wise arising therefrom. I hereby nominate and...