Lockett v. Lockett

• Decision Date: 03 June 1904
• Citation: 80 S.W. 1152
• Parties: LOCKETT v. LOCKETT.
• Court: Kentucky Court of Appeals

80 S.W. 1152

LOCKETT v. LOCKETT.

Court of Appeals of Kentucky.

June 3, 1904

Appeal from Circuit Court, Metcalfe County.

"Not to be officially reported."

Action by Pearl Lockett against J. K. Lockett. From a judgment in favor of defendant, plaintiff appeals. Reversed.

J. P O'Meara, J. R. Layman, and J. F. Reid, for appellant.

Duff &amp Hutcherson, for appellee.

O'REAR J.

William Lockett, while a bachelor, effected an insurance upon his life in a benevolent life insurance company known as the "Woodmen of the World," in the sum of $2,000. His father was named in the policy of insurance as the beneficiary. Thereafter the insured married appellant. He died about three months after his marriage. His father (appellee) got possession of the policy of insurance from appellant, promising her that he would collect the money and pay it over to her. He did collect, but paid her only one-half of it, after defraying the expenses of the funeral and the last illness of his son. Appellant sues to recover the balance of the money collected by appellee on the policy alleging that the insured in his lifetime, and after his marriage with her, had assigned the policy to her; that is had changed the beneficiary by substituting his wife for his father. It is conceded that there was no transfer as required by the rules of the order, nor was it attempted, so far as bringing it to the notice of the order. As to what did occur the proof clearly shows this: After William Lockett had married appellant, his father suggested to him that he then ought to change the beneficiary of his insurance policy. What response William made to his father is not proven. But shortly afterward he declared to his wife, and to others in her presence, that the insurance was for her benefit; that he gave it to her. He did deliver the policy to her, and she retained it until after his death. He, in his last sickness--which lasted only nine days --mentioned that he wanted to write the secretary of the order, and inclose him the fee for making the transfer on their books; and he did attempt to write the letter, but was too weak, and said that he would be better in a day or so, and would then attend to it. Instead he grew rapidly worse and died. The principal question is whether there was a transfer or assignment of this policy by the insured to his wife, so as to defeat the claim of the beneficiary named in the policy.

By statute in this state (section 670, Ky. St. 1903), as well as by the terms of the policy, the insured had the right to change the beneficiary. The beneficiary named originally had no right to prevent the change, nor could the company do so if the person sought to be substituted by the insured was one of the class permitted by its charter and the terms of the policy. There were but two things necessary to effect a valid assignment or transfer of the policy--one, that the insured should clearly indicate his purpose to do so, and do such acts as would in law amount to a transfer or assignment of a chose; second, the person named as beneficiary or assignee must have had an insurable interest in the life of the insured under the charter of the company and in law. That his wife stood in that relation there is no manner of doubt. So the only question left for determination is, did the insured intend by what he...