Denike

T his is an appeal from a judgment against the beneficiary named in an endowment policy of insurance which contained no provision for substitution of beneficiaries. The judgment was rendered on the theory that the interest of the beneficiary had been assigned and relinquished, which is without support in the record.

July 19, 1906, the Metropolitan Life Insurance Company of New York issued a twenty-year endowment policy of insurance for the paj^ment of five hundred dollars on the life of Willitt Denike, naming his mother, Josephine Denike, as beneficiary thereof. The policy contained no provision for changing the beneficiary at the option of the insured, except in the event of the death of the beneficiary. The policy provided that if the insured should die within the period of twenty years, the policy would be paid to the plaintiff, Josephine Denike, “if living, or otherwise to the beneficiary designated by the insured, after her death.” The only other provision of the policy with reference to the changing of the beneficiary was the condition that “if the beneficiary under this policy shall die previous to the death of the insured . . . this policy shall revert to the insured . .…