Overhiser's Adm'x v. Overhiser
| Decision Date | 22 May 1900 |
| Citation | 63 Ohio St. 77,57 N.E. 965 |
| Parties | OVERHISER'S ADM'X v. OVERHISER et al. |
| Court | Ohio Supreme Court |
Error to circuit court, Hamilton county.
Action by one Overhiser, administratrix of George P. Overhiser against Lena Overhiser and the Mutual Life Insurance Company of New York and others. Judgment was affirmed in the circuit court, and plaintiff brings error. Affirmed.
The plaintiff in error, as administratrix of George P. Overhiser deceased, brought suit in the court of common pleas against Lena Overhiser and the Mutual Life Insurance Company of New York for the recovery of $2,000 on a policy of insurance on the life of her intestate. The company, admitting its liability, made affidavit that, without collusion with it the money due on the policy was claimed by Lena Overhiser and asked that it be discharged. The cause was submitted to the court, on the motion of Lena Overhiser, for judgment on the pleadings. The material facts alleged in the pleadings are that on the 15th of January, 1895, in consideration of a premium of $97.84 to be paid annually during life, the company executed a policy for $2,000 on the life of George P. Overhiser, payable ‘unto Lena Overhiser, wife of George P. Overhiser, of Montrose, in the county of Montrose, state of Colorado, if living; if not living, to his executors, administrators, or assigns.’ At the time of the execution of the policy George P. Overhiser and Lena Overhiser were husband and wife. On the 7th of June, 1895, in a suit voluntarily instituted by her, she was absolutely divorced from said George P. Overhiser. He died June 14, 1896, and letters testamentary were issued to the plaintiff. The last premium on said policy was paid by the beneficiary. The court, upon these facts alleged in the pleadings, adjudged the proceeds of the policy to Lena Overhiser. This judgment was affirmed by the circuit court.
When a married woman is named as a beneficiary in a policy of insurance on the life of her husband, she is entitled to the proceeds of the policy, notwithstanding a divorce obtained by her before his death.
Syllabus by the Court
When a married woman is named as a beneficiary in a policy of insurance on the life of her husband, she is entitled to the proceeds of the policy, notwithstanding a divorce obtained by her before his death.
J. C. Robison, Jr., for plaintiff in error.
Johnson & Levy, for defendants in error.
Lena Overhiser was...
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