Heydenfeldt

The plaintiff is the son of Solomon Heydenfeldt, deceased. The said deceased, in his lifetime, procured a policy of insurance upon his life from the Brooklyn Insurance Company of New York for ten thousand dollars, payable to “ Catherine, wife of Solomon Heydenfeldt, or any wife that may survive him, and minor children living at the time of his death.” Said Catherine having died during the lifetime of the *376 deceased, he married Elisabeth A. Heydenfeldt, who is now his widow. He also left seven minor children, of whom plaintiff is one. The defendants, who are executors of said deceased, collected said policy from said insurance company, and this action is brought to recover from defendants one-eighth of the amount of said policy. Defendants demurred to the complaint on general and on some special grounds, and their demurrer having been overruled they answered. Plaintiff made a motion for judgment on the pleadings, on the ground that the answer did not set up any defense; and, after argument, the motion was granted, and judgment for plaintiff was entered. Defendants appeal from the judgment.

If the views of the court below were correct as to the legal merits of the case, then the…