The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1888-05-11
Curtis S. Stevens
VS..
Marion Y. Stevens
and the Conn. Mutual
Life Insurance Co.
In Chancery
Orange County
June Term
A. d.. 1888.

and the Conn. Mutual o
Life Insurance Co. A. d., 1883.
The Orator in the foregoing entitled bill
of complaint having filed his bill in the
Clerks office in the Court of Chancery for
said county, which bill of complaint sets
forth, in substance, that on the thirty-frst
day OF December, A. d., 1870, this orator
effected insurance upon his life with, or in,
said insurance company for the term of his
natural life, in the sum of one thousand
dollars, for the sole use and benefit of the
said Marion F. Stevens, yielding and pay
ing therefor an annual premium of twenty
seven and twelve one hundredths dollars:
that the said Marion f. Stevens was then
wife of this orator, and by the terms of said
contract of insurance said sum of one
thousand dollars was and is to be paid to
the said Marion F. Stevens or her legal
representatives, within ninety days after
the death Ofthis orator, or if the said Marion
F. be not then living, then said sum shall
be payable to her children or for their ben
eft, and by the conditions of said insurance
the benefits thereof could not be assigned
but the same could and can be surrendered
to said company and discharged at any
time by the said Marion F., or by said chill
dren, or by the executor or administrator of
her the said Marion F. which contract of
agent OF said company, butpurpOrts to have
been executed by the president and secre-
tary Of said company in the city of Hart
ford, in the state of Connecticut on said day
and date above given; which contract of
insurance is called ''POlicy of Insurance"
and copy thereof is attached to said bill
of complaint and made part thereof: And
further sets forth that this orator procured
said insurance himself and has paid said
premium on the 31St day of each December
ever since, and has himself kept and per-
formed all the conditions and stipulations
of said policy of insurance until the present
time, and that the same is in every respect
the said Marion F. has never paid, done, or
suffered anything in procuring or keeping
in force said policy, and has never had any
interest therein except what is reserved or
secured to her by said policy; and sets forth
that at the time said policy of insurance
full wife of this orator and lived with him in
the observance OF her marriage covenants,
and so continued to live with him until
about the 18th day of October A. D., 1882,
when she abandoned him and abscOnded
with another man and left this State, since
which time this orator has had no commun-
ication with or from her but believes she
has been ever since said time living in adu- |
terry with said man in the state of CalifOr-
mia; and sets forth that at the June term of
Orange County Court, A. d., 1888, bill or
decree OF divorce was granted this orator
from said Marion F. by said Court for the
cause of adultery: And sets forth that the
is still, as he believes, unmarried; and sets
forth that the said Marion F. abandoned |
this orator without the fault of this orator
and without his knowledge or consent; and
that by the said conduct of the said Marion ,
F. this orator has been put to great trouble
and expense in his business, and has been
greatly distressed in his mind, and dis |
graced in the community in which he lives:
And praying that said contract of insurance
be reformed and changed so that the benefit |
of said insurance shall be held for the bene-
tit of the legal heirs or assigns of this ora
tor, and that said company be ordered and
decreed to pay the same to said heirs or as
signs upon the same terms and conditions
as now exist in regard to the payment of
the same to the said Marion F.: and that
the said Marion F. be ordered to transfer,
assign and make over all her interest in
said contract of insurance to said heirs or
assigns, and to have no further interest in
or control OF insurance, and for such other
and further relief in the premises as to said
court shall seem meet. And it appearing
that both OF said defendants are out of the
state of Vermont and that personal ser
vice can not be made upon them: Therefore
it is hereby ordered that the said Marion F.
Life Insurance corporation under the
laws of the state of Connecticut and having
their principal Office and doing business in
the city of Hartford in the said state of
be notified that this cause is
pending and commanded to appear before
The Court of Chancery to be held at Chelsea
in the county of Orange on the first Tues
lay of June, A. D., 1888, to answer to the
said bill of complaint of the said Curtis s.
stevens and to stand to and abide such Or
Ter, direction and decree therein as to the
court shall seem meet, and they each be re-
luired to cause their appearance therein to
De entered with the clerk of said court on !
he said day, being the return day of said
bill. otherwise said bill will be taken as con-
'essed, by publication of this order i'm the
United OPINION, newspaper printed at |
Bradford i'm said Orange county, three
weeks successfully, the last of which pub
icatiOn shall be at least twenty DAYS pre- ,
Tious to the said first Tuesday of June, and p.
which publication shall be deemed sufficient :
notice for the said company and the said !
Marion r. Stevens to appear and answer to /.