In re Bolander's Estate

• Decision Date: 04 February 1901
• Citation: 38 Or. 490,63 P. 689
• Parties: In re BOLANDER'S ESTATE.
• Court: Oregon Supreme Court

63 P. 689

38 Or. 490

In re BOLANDER'S ESTATE.

Supreme Court of Oregon

February 4, 1901

Appeal from circuit court, Multnomah county; John B. Cleland, Judge.

In the matter of Bolander's estate. Petition by Louis Philip Bolander for an order on Andrew Saling, administrator, to show cause why he should not deliver to petitioner certain property inventoried as an asset of the estate. From a decree in favor of petitioner, the administrator appeals. Reversed.

In September, 1884, the Mutual Life Insurance Company of New York issued to Henry N. Bolander two paid-up policies of insurance on his life for $2,040 and $2,170, respectively payable to his wife, Anna M. Bolander, if living at the time of his death, and, if not, to such of the children of her body as should be living at the time of her death. The wife died July 28, 1897, leaving eight children of her body surviving her, and Bolander died August 28, 1897. After the death of Mrs. Bolander, all the beneficiaries under the policies of insurance, at the request of the insured, signed an application to the insurance company to change the policies "to favor of Henry N. Bolander, the insured his executors, administrators, or assigns, and to issue policies in accordance with said change." Seven of them signed the application prior to, and the other one 18 or 20 days after, the death of the insured; but it does not appear that it was presented to the insurance company, or that the desired change was in fact made, or new policies issued. On October 21, 1897, Andrew Saling was appointed administrator of the estate of Henry N. Bolander. Among the personal effects of the deceased were the two life insurance policies referred to, which were delivered to the administrator by the heirs of Mrs. Bolander residing in Multnomah county, as a part of the assets of the estate, and which the administrator received and inventoried in good faith. Subsequently, after the conditions of the policies had been complied with, and legal proof of the death of Bolander made to the insurance company, three of the heirs confirmed in writing their previous request for a change in the beneficiaries, and directed the insurance company to pay the money due under the policies to the administrator. On the 29th of October, 1898 Louis Philip Bolander, one of the heirs, to whom all the others had assigned and transferred their interest, if any under such policies, filed a petition in the county court, alleging that he is the owner of the policies referred to, and the sole beneficiary thereunder, and asking for an order upon the administrator to show cause why he should not correct his inventory by eliminating such policies therefrom, and why he should not deliver them to the petitioner. Citation having been issued, the administrator answered, setting up the facts, in substance, as before detailed, and further alleging that the application and request to the insurance company to change the beneficiaries named in the policies was intended for, and was in effect, an assignment of all their interest therein to Henry N. Bolander, and that such policies and the proceeds thereof were the property of his estate. The county court sustained a demurrer to the answer, and decreed that the petitioner was the owner and entitled to the possession of the policies, and that the estate had no right, title, or interest therein, and thereupon ordered the administrator to correct his inventory by eliminating the policies therefrom. On appeal to the circuit court, this decree was affirmed, and the administrator brings the cause here for review.

Milton W. Smith and John T. McKee, for appellant.

Thos. G. Greene, for respondent.

BEAN C.J. (after stating...