Rice v. Rice's Adm'r

• Decision Date: 12 June 1901
• Citation: 63 S.W. 586
• Parties: RICE v. RICE'S ADM'R. [1]
• Court: Kentucky Court of Appeals

63 S.W. 586

RICE v. RICE'S ADM'R. ^[1]

Court of Appeals of Kentucky.

June 12, 1901

Appeal from circuit court, McCracken county.

"Not to be officially reported."

Action by the administrator of W. W. Rice against the Metropolitan Life Insurance Company and another on a policy of insurance. Judgment for plaintiff, and Elvira Rice, who claimed to be the beneficiary under the policy, appeals. Affirmed.

Greer &amp Reed, for appellant.

Bloomfield & Crice, for appellee.

BURNAM J.

This suit was brought by appellee, as administrator of W. W. Rice deceased, against the Metropolitan Life Insurance Company, to recover $500 on a policy of insurance issued by it on the life of W. W. Rice. The insurance company answered, and admitted its liability for $500 on the policy sued on, and further stated that the decedent, W. W. Rice, on the 17th of September 1895, made his application in writing to the company for the policy of insurance sued on; and that in said application Rice named as his beneficiary under said policy, in the event of his death, Elvira Rice, his wife; and that by the terms of the policy the application was made a part of the contract of insurance; and that, after the death of William Rice, proof of death and claim to the money due under the policy had been made by Elvira Rice; and that plaintiff had also notified it not to pay the money due thereunder to any other than themselves; and asked that the parties be required to interplead, and for the court to determine who was entitled to collect the money. Elvira Rice was made a party defendant upon her own petition, and filed an answer alleging that she was the beneficiary under and by virtue of the contract of insurance, and was entitled to the money. The testimony in the case shows that on the 22d day of July, 1880, the decedent, William Rice, was legally married to one Delia Robinson, and that about 10 or 12 years before his death he left her, and never thereafter lived with her, but they were never legally divorced; and that shortly after separating from his wife, he "took up with" the defendant Elvira, who assumed his name, and thereafter occupied the position of a wife in his household, although they were never married, and she was not related to him by blood. In the printed application for the policy of insurance the decedent named Elvira Rice as the beneficiary of the policy, and spoke of her as his wife. The policy of insurance which...