Woodard

This is an action to enforce an alleged gift of a policy of life insurance.

George 0. Griffes, the insured, first was insured under a group policy while an employee of the Shell Company, with a sister, Kate Lewis, as beneficiary. He left the employ of the company and went to live with his sister. He told her she could have the policy if she would pay the premiums, but she said that she could not, whereupon he stated that he would give it to his sister, Mrs. Mabel Woodard. Shortly afterward he spoke with Mrs. Woodard, who asked that he change the named beneficiary on the policy if she was to pay the premiums. Griffes instead returned the group policy and took out a new life policy, specifying Mabel Woodard as beneficiary. The policy reserved the right to change the beneficiary, the right to assign the policy, and further provided that if the beneficiary died before the insured, her interest should vest in him, unless otherwise provided or endorsed on the policy.

Mabel Woodard died July 13, 1934. The insured died in February, 1935. Since Mrs. Woodard predeceased him, she lost all interest in the policy as beneficiary. However, her husband and executor, plaintiff herein, claimed…