Masonic Life Ass'n of Western New York v. Pollard's Guardian

• Decision Date: 31 October 1905
• Parties: MASONIC LIFE ASS'N OF WESTERN NEW YORK v. POLLARD'S GUARDIAN.
• Court: Kentucky Court of Appeals

89 S.W. 219

121 Ky. 349

MASONIC LIFE ASS'N OF WESTERN NEW YORK v. POLLARD'S GUARDIAN.

Court of Appeals of Kentucky.

October 31, 1905

Appeal from Circuit Court, Trigg County.

"To be officially reported."

Action by Annie Pollard's guardian against the Masonic Life Association of Western New York. From a judgment in favor of plaintiff, defendant appeals. Reversed.

Harry D. Williams and Breathitt & Crenshaw, for appellant.

J. W Kelley, James B. Garnett, and R. A. Burnett, for appellee.

O'REAR J.

This is an action on a policy of life insurance. Appellant insured the life of N. B. Pollard in the sum of $2,000. One of the conditions named in the policy upon which it was to be avoided is, if the insured should "die by his own hand or act, sane or insane, within three years from the date of issue of this certificate, then this agreement shall cease and be of no effect." Within three years from the date of the policy the assured killed himself. The act occurred in his office in the town of Cadiz, in the presence of one person, and so nearly in the presence of at least two others that they saw his body before it had fallen after the fatal shot was fired into his head. N. B. Pollard was at the time sheriff of Trigg county. The suicide occurred on December 2 1901. At the previous October term of the fiscal court of Trigg county he had failed to complete the settlement of his accounts as sheriff, and a called term of the fiscal court was to be held on that day, December 2d, to complete the settlement. The commissioner appointed by the court had reported a deficit amounting to several thousand dollars in the accounts of the sheriff. As a matter of fact, as was shown by the judgment in favor of the county against the sureties of N. B. Pollard as sheriff, subsequently rendered he was in default to the county about $2,300. It also appears that he was at the time a candidate for the office of county court clerk of Trigg county. About a week before his death he handed his life insurance policy and his will to a friend, to be deposited in his vault, with the request that "if anything happened to him," he wanted this friend to see that his children got those papers for the benefit of them. Nothing in the actions of Pollard had indicated any mental derangement then. He was about his business as usual. On the morning of the suicide, he transacted business with a number of persons. He collected taxes and gave receipts therefor. He wrote business letters and mailed them, and inclosed checks one of $4,000 being inclosed to the State Auditor in payment of the state revenue collected by him as sheriff. He deposited about $1,400 in bank that morning. In all he did and in all he said, so far as the record discloses, he was in full possession of his mental faculties. His domestic relations were pleasant. He had no disease, nor was there any sickness or other cause of disturbance in his family, so far as the record shows. After completing certain business transactions, including those above mentioned, and shortly before the hour at which the fiscal court was to convene to complete his settlement, he deliberately shot himself through the head; at least, such is the inevitable conclusion from the proof in this case, all of which is one...