White v. White

• Decision Date: 10 April 1916
• Docket Number: 17497
• Citation: 111 Miss. 219,71 So. 322
• Court: Mississippi Supreme Court
• Parties: WHITE ET AL v. WHITE

71 So. 322

111 Miss. 219

WHITE ET AL v. WHITE

No. 17497

Supreme Court of Mississippi

April 10, 1916

APPEAL from the chancery court of Yazoo county, HON. P. Z. JONES Chancellor.

Bill of interpleader by the Odd Fellows' Benefit Association of the G. U. O. of O. F. District of Mississippi, against A. W White and others. From a judgment for Estelle White, A. W White and another appeal.

The facts are fully stated in the opinion of the court.

Decree reversed.

Barbour & Henry, for appellants.

Percy Bell, for appellee.

OPINION

SMITH, C. J.

The Odd Fellows' Benefit Association of the G. U. O. of O. F District of Mississippi, a negro benevolent insurance association, exhibited its bill in the court below against Andrew W. White, Ada White, and Estelle White, alleging that on March 3, 1907, it issued its policy of insurance on the life of J. W. White, payable to Ada and Andrew White in the sum of five hundred dollars; that J. W. White is now dead, and that payment of the policy is demanded of it by Ada and Andrew White, and also by Estelle White, the latter claiming to be the beneficiary in a policy formerly issued by the association on the life of J. W. White, and for which, during his lifetime, the policy payable to Ada and Andrew White had been substituted. With this bill, the association paid into court the amount due under the policy, and prayed that it be discharged from further liability thereon, and that the defendants, Ada, Andrew, and Estelle White, be summoned to "make claim to the said sum here paid into court," and that the court on final hearing, render a decree, determining and ascertaining to whom said money should be paid. Pursuant to the summons issued in accordance with the prayer of this bill, Estelle White appeared and filed an answer and cross-bill, claiming to be entitled to the fund, which claim was denied by the answer of Ada and Andrew White, who, themselves, claimed to be entitled thereto.

The evidence disclosed that J. W. White obtained a policy from the Odd Fellows' Benefit Association, etc., payable to his infant daughter, Estelle, which policy was delivered to his wife, the mother of Estelle; that afterwards, the insured and Estelle's mother separated, and he thereafter unlawfully cohabited with appellant, Ada White, that on April 30, 1912, the association, at his request, changed the beneficiary in the policy on his life by issuing a new policy, payable to "Mrs. Ada White and Andrew W. White, wife and son;" that, in order to do this, he executed and delivered to the association an affidavit, reciting that:

"His policy has been mislaid and lost and cannot be found, and that he wishes a new policy issued and made payable, as beneficiaries, to his wife, Ada White, and to his son Andrew W. White, share and share alike after burial expenses have been fully paid and satisfied."

At the time this affidavit was made, the policy therein referred to was not lost, but was in the possession of Estelle's mother, which fact it is claimed by Estelle was known to her father.

It was claimed by Estelle that Andrew White is not the son of J. W. White. The chancellor, however, found as a fact that he is the son of J. W. White, but awarded the money paid into court by the association to Estelle.

The contention of counsel for appellee, as we...