Bowman

Bowman v. Moore

Good Law
1890 Cal. LEXIS 1137·87 Cal. 306·25 P. 409
Supreme Court of CaliforniaDecember 30, 1890No. 13251California1,244 words

Opinion

Lead Opinion

Thornton, J.

Joseph Bowman became on the thirteenth day of June, 1885, a member of the California Life and Accident Association, a corporation and mutual benefit association, and there was issued to him a certificate of membership therein numbered 893. This certificate purported to be an insurance on his life for five thousand dollars, payable after his death to the plaintiff, Jennie Bowman, his wife, “ unless," as provided in the certifícate, “ said member shall in writing filed with this association substitute some other beneficiary, in which case said amount shall be paid to said substituted beneficiary."

On June 4, 1886, Joseph Bowman executed his last will, naming therein the defendants as executors thereof. In this will he inserted the following provision: “Thirdly, *309 I direct that my executors hereinafter named shall, as soon after ray death as possible, collect the amount due on a certain policy issued by the California Life and Accident Association, said policy numbered 893, made payable to Jennie Bowman, bearing date June 13 (thirteenth), 1885, said policy to be transferred for the purposes hereinafter expressed, viz., in full payment of all my debts owing at the time of my…

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