The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-20
Asks for Return of Hundred
Thousand Dollar Policy.
NEW CLAIM is MADE.
Charged That False Statements
Were Made.
Also Asks Permission to Elk
anime Body for Poison.

anticipate by suit to compel payment
in the district court at Lawrence ac-
ton was commenced In the United
States circuit court Friday afternoon
by the Mutual Life Insurance COM
pany to set aside the policy of $780,
900 issued by that company to the
late Lucius II. Perkins, asking for its
return for cancellation.
The suit asking that the policy be
declared void is based on the claim
that Perkins made false and fraudu-
lent representations in securing the is
suance of the insurance
At the same time an application
was made for an order instructing
the executors of the estate of Mr.
Perkins and the heirs to permit the
disinterment of the body of Mr. Per-
kins and the holding of an autopsy to
determine the real cause of the death
At the time of his death, June 1st,
L. H. Perkins had 1855 900 of in
surance on his life. Though it was
claimed that his death, due to a
fall which he sustained from the top
of his house while making an inspec-
ton OF some work done, was entire
ly accidental hints were freely ban
died about that the fall occurred
with suicidal intent.
In the suit of equity asking that the
policy be declared void and returned
it is alleged that: Mr.. Perkins COM
secret and then jumped from the roof
of his residence; that he obtained his
policy in the New York Mutual on
false representations, claiming to the
medical examiners that he had never
been refused life insurance applied for
though such was not the fact; that he
carried insurance amounting to $445,-
600 and that he was financially unable
to pay the premiums on the policies
so carried; that he did not have the
wealth generally accredited to him
and that the general agent of the New
York Mutual accepted Mr.. Perkins
personal notes in payment for the
premiums and then paid the pre-
miums himself in cash; that he fdeIib-
erately plotted to defraud various in
surance companies ~2it of total of
almost $1,000,0O0
In July of 1906 it is said Perkins ap-
peared before. DR.. L. H. Mum, medical
examiner art Topeka for the insura nee
company for a physical examination
preparatory. to taking out a policy At
that time in response to the usual
query he stated that he had never been
rejected by any other insurance COM
pany to which he had applied for in
surance. In December he was examin-
ed and it Is claimed made the same an
SWer in reply to the question before
mentioned. 1t is alleged that Perkins
was concealing the fact all the time
that his application in nine other COM
panies for insurance amounting in all
to $690,000 had been rejected The in
surance companies mentioned as having
rejected Perkins as a risk are: Equita-
BILE Assurance, Union Central Life In
surance, Aetna Life. Connecticut Mu-
tual, Mutual Benefit, Pacific Mutual,
Mutual, Penn Mutual.
Prudential Life. OF these, the first
policy while the Union Central Penn
Mutual and Prudential We're for $780,
900 each.
1t is stated that had the. New York
Mutual known of the rejection by these
nine other companies Perkins applica-
ton would have been refused
One of the allegations upon which the
insurance company bases its claim of
suicide by the administration of pois-
on,is that Perkins correspondent at some
length with H. B. Hutchins dean of the
law school at Ann Arbor, Mich, and
DR.. v. c. Vaughn, dean of the Medical
that would instruct as to
the ability of physicians to detect the
presence of poisona in the human body
and the affect that such poisons would
stated, it is said, that he was interest !
ed in the subject. 1t is claimed that |
certain insurance companies became |
acquainted with the correspondence |
and its subject and caused them to can |
eel and withdraw their contracts for |
insurance. No claim is made that Mr. |
Perkins purchased poison, though it is
represented that he took advantage of |
The defendants named, in the suit are:
Adolph c. Grsien, w. E. Hazen and |
Alfred Whitman, executors; Clara Luz
ella Morris Perkins, Clement D. Per-
Lxins, Rollin Perkins and Lucius J. Per- |
kins. The attorneys for the Mutual |
Life are J. S. Dean, Ferry & Doran of |
Topeka and Bishop & Mitchell of Law |
renee.
No autopsy has ever been held and
for this reason the insurance company
asks that it be held at once before too /
1t Impossible to detect the presence of |
poisons in the stomach if such have
been taken. The coroner of Douglas /
refuses to hold an inquest. The |
plaintiff states that It expects to have |
the stomach examined by experts to de-
termine whether death resulted from /
other than purely accidental causes.
May Stand Alone.
The New York Mutual Life Insur-
ance company will probably be all
alone in It's fight to contest payment
If insurance taken out by the late |
Lucius Perkins of Lawrence
The New York Life Insurance conf
oany has already stated that It did not |
sxpect to contest and stood preDared
Iuirements governing proof of death I
had been complied with in all of IFS
policies which it had issued in favor |
IF Perkins. Total insurance carried /
by this company amounted to s3OO,-l
300. TODAY E. w. Poindexter general
agent at Kansas City, Kan, for the
Mutual Life, said to a
State Journal representative:
Though we have received no in
,tructions yet from the head office re-
yarding this policy in favor of Perkins
fr.ontinued on Paee IA