McCain v. Yost, No. A-5311

CourtSupreme Court of Texas
Writing for the CourtSMITH
Citation284 S.W.2d 898,155 Tex. 174
Decision Date14 December 1955
Docket NumberNo. A-5311
PartiesEdith Marie McCAIN, Petitioner, v. Neva YOST, Temporary Administratrix of the Estate of Lilliard Russell McCain, Deceased, Respondent.

Page 898

284 S.W.2d 898
155 Tex. 174
Edith Marie McCAIN, Petitioner,
v.
Neva YOST, Temporary Administratrix of the Estate of
Lilliard Russell McCain, Deceased, Respondent.
No. A-5311.
Supreme Court of Texas.
Dec. 14, 1955.

[155 Tex. 175] Simon & Simon, Richard U. Simon, Fort Worth, for petitioner.

Cecil Murphy, Gainesville, for respondent.

SMITH, Justice.

This suit filed by respondent in her capacity as temporary administratrix of the estate of Lilliard Russell McCain, deceased, against petitioner and others not necessary to mention, evolved into a contest as to whether the respondent-plaintiff or the petitioner-defendant was entitled to the $1,000

Page 899

proceeds of a life insurance policy on the life of Lilliard Russell [155 Tex. 176] McCain, deceased. The issue was submitted to the court without the intervention of a jury and that court rendered judgment for respondent. The Court of Civil Appeals for the Second Supreme Judicial District of Texas has affirmed. 278 S.W.2d 398.

There is no dispute between the parties as to the following relevant facts:

Petitioner and the deceased were married on March 15, 1940, and continued the relationship of husband and wife until they were legally divorced by formal judgment of the District Court of Tarrant County, Texas, duly entered in cause styled and numbered 33260-D, Edith Stockton McCain v. Lilliard R. McCain, on April 20, 1953. In 1946 McCain took out the policy of life insurance on his life and designated petitioner, his wife at that time, as beneficiary. On March 7, 1954, McCain died without having changed his beneficiary.

Respondent, as executrix of McCain's estate, claims the death benefits of the policy on the theory that petitioner had no insurable interest on his life after the divorce and that the question of insurable interest is governed by the rules of public policy which had been established by the decisions of the courts of this state at the time the divorce decree became effective. Respondent also bases her claim to the death benefits of the policy on the ground that the Legislative Act of 1953, designated as Article 3.49-1, Texas Insurance Code, Vernon's Annotated Civil Statutes, and being the article of the statute upon which petitioner relies to support her claim to the death benefits of the policy, can have no application in this case for the reason that the decree of divorce terminated and nullified the prior designation of petitioner as the beneficiary prior to the enactment of Article 3.49-1, and that it was the intention of the Legislature by the...

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65 practice notes
  • Ex parte Abell, No. B-9939
    • United States
    • Supreme Court of Texas
    • March 18, 1981
    ...Water Rights Commission v. Wright, 464 S.W.2d 642, 649 (Tex.1971); Deacon v. City of Euless, 405 S.W.2d 59, 62 (Tex.1966); McCain v. Yost, 155 Tex. 174, 284 S.W.2d 898, 900 (1955); Wilson v. Work, 122 Tex. 545, 62 S.W.2d 490 (1933); Phil Pierce Co. v. Watkins, 114 Tex. 153, 263 S.W. 905, 90......
  • State v. Rhine, No. PD-0912-08.
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • September 23, 2009
    ...public policy, reshape it, or reform it. State v. Dallas, 319 S.W.2d 767, 774 (Tex.Civ.App.-Austin 1958) (citing McCain v. Yost, 155 Tex. 174, 284 S.W.2d 898, 900 (1955)); Reed v. Waco, 223 S.W.2d 247, 253 (Tex.Civ.App.-Waco 1949). It may do this as long as constitutional guarantees are not......
  • Satterfield v. Crown Cork & Seal Co., Inc., No. 03-04-00518-CV.
    • United States
    • Court of Appeals of Texas
    • August 29, 2008
    ...only when they impair or destroy vested rights. See id.; see also City of Tyler v. Likes, 962 S.W.2d 489, 502 (Tex.1997); McCain v. Yost, 155 Tex. 174, 284 S.W.2d 898, 900 (1955); Mellinger, 3 S.W. at 249. The parties do not dispute that the Statute operates retroactively. Therefore, to det......
  • City of Tyler v. Likes, No. 95-1014
    • United States
    • Supreme Court of Texas
    • February 13, 1998
    ...and unconstitutional. A statute is retroactive if it takes away or impairs vested rights acquired under existing law. See McCain v. Yost, 155 Tex. 174, 284 S.W.2d 898 (1955). This Court has Facts may exist out of which, in the course of time or under given circumstances, a right would becom......
  • Request a trial to view additional results
65 cases
  • Ex parte Abell, No. B-9939
    • United States
    • Supreme Court of Texas
    • March 18, 1981
    ...Water Rights Commission v. Wright, 464 S.W.2d 642, 649 (Tex.1971); Deacon v. City of Euless, 405 S.W.2d 59, 62 (Tex.1966); McCain v. Yost, 155 Tex. 174, 284 S.W.2d 898, 900 (1955); Wilson v. Work, 122 Tex. 545, 62 S.W.2d 490 (1933); Phil Pierce Co. v. Watkins, 114 Tex. 153, 263 S.W. 905, 90......
  • State v. Rhine, No. PD-0912-08.
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • September 23, 2009
    ...public policy, reshape it, or reform it. State v. Dallas, 319 S.W.2d 767, 774 (Tex.Civ.App.-Austin 1958) (citing McCain v. Yost, 155 Tex. 174, 284 S.W.2d 898, 900 (1955)); Reed v. Waco, 223 S.W.2d 247, 253 (Tex.Civ.App.-Waco 1949). It may do this as long as constitutional guarantees are not......
  • Satterfield v. Crown Cork & Seal Co., Inc., No. 03-04-00518-CV.
    • United States
    • Court of Appeals of Texas
    • August 29, 2008
    ...only when they impair or destroy vested rights. See id.; see also City of Tyler v. Likes, 962 S.W.2d 489, 502 (Tex.1997); McCain v. Yost, 155 Tex. 174, 284 S.W.2d 898, 900 (1955); Mellinger, 3 S.W. at 249. The parties do not dispute that the Statute operates retroactively. Therefore, to det......
  • City of Tyler v. Likes, No. 95-1014
    • United States
    • Supreme Court of Texas
    • February 13, 1998
    ...and unconstitutional. A statute is retroactive if it takes away or impairs vested rights acquired under existing law. See McCain v. Yost, 155 Tex. 174, 284 S.W.2d 898 (1955). This Court has Facts may exist out of which, in the course of time or under given circumstances, a right would becom......
  • Request a trial to view additional results

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