Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-07

Celia Wilson had her life insured in
the Grand Fountain of the United Or
der of True Reformers, and ut her
death was = member in good standing.
She had Il certificate of Insurance, and
assigned it to her two children vii
liam and Alice, and upon the death OF
Alice it vested i'll William as survivor.
Upon the death of his mother, William,
by his next friend. brought this suit 10
recover the insurance. The defendant
company had made some payments to
Sarah G. Watkins, who was named in
a writing on the back OF the certificate
as cXccutriX of Mrs. Wilson. When The
plaintim read the certificate of insu-
rance 10 the jury he omitted TO read
two endorsements written thereon, and
signed by Celia Wilson, one of then,
stating that she did decree and sign
her claim in the certificate ut her
deatn to her two children; and the
other leaving the money mentioned in
The policy 10 her two children and
naming Sarah {. Watkins as exccutriN'
To receive said money. The defendant
moved the court TO compel the plain
III 10 read these endorsements but The
court, being of opinion that they were
tesinmenlary in their character. re-
fused To do so. The court also refused
TO admit the deposition of Sarah {.
watkins TO show payments made 10 her
ny me company on account of the Ger
'iilcate, and TO admit the evidence ur
certain witnesses TO show that tho soc
olu endorsement WAS acknOWl edged bv
Ceila Wilson in their presence. that i;
WAS written ut her instance and 70.
quest, and that she made her mark
Tor the signature. The defendant *
copied to these rulings or the court.
mere was n Judgment for the plain
III, and defendant appealed.
L Pa for
court refusing TO have the endorse
nchts read to the jury. the court saws:
1t Is clear that in This ruiin.: there
was no error. The writing is testament.
tary; it makes disposition of propertv
10 lake effect after death ana n;n,es
an c%ecutr!X. 1t could be operative
only as II Will and as a will il &c in
operative because not properly event
eu. Tho court then proceeds: Plain
I'LL IN error offered 10 sustain tho ise,,o
on us part by the deposition of Sarah
=. watkins. which the court cyclnrcd
and this action is assigned as error
nv, me court was plainly right. She had
I'LL h't'neu as cXecutriX in, the paper
ABOVE referred To. AS that paOar cni,Id
not De proved as will 1t conferred mo
duthoriiy upon her whatever. but was
mere nudity and any payment made
10 ncr by plaintiff in error mon -
iaNh of ii was made in its own wro,,.r
ne rui'hS OF the court presented i'm
oiii oil exceptions No. ., excluding Ger
tam witnesses offered by nlajntirf il
error TO show that the testamentarv
Writing on the back of the certificatG
mining Sarah G. Watkins as executrix
was acknowledged by Celia Wilson il,
thelr presence. that il was written M
ner instance and request. ana tina. she
made her mark for the signature thnro-
To. Is not we'll taken.
~ Will p1uSi ho ,,,.,,.,
nate court ana admitted To record. AVA
me testimony sought to be adducad
W., MS W Wholly Irrelevant and in ndmissi.
pIe. There was motion to set inside
,mr veralct. Which was, we think. pro-
Ic'ly oNerruIcu. 4tt-nCTC can b No
doubt that the facts stated ,var o
n ,.nI1,ay sufficient to warrant the
verdict and the Judgment Of the Coz
6 6o,,I Court. 1t is, therefore, ar
FIRST NATIONAL, D,~1- 81