Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-03-12
SUICIDE BARS RECOVERY
ON LIFE INSURANCE
Against Public Policy to Insure
Against Crime, Says gu.
prcmo Court.
OPINION BY JUDGE KELLY
Alexandria Annexation Case Re-
versod, City Winning Its Conten-
tion-Pilcher VIII Signed by Ini.
tials Is Held to Be Valid.

Dependents or suicide may not re-
cover insurance policies, according to
an opinion handed down yesterday by
Judge Joseph l.. Kelly. OF tho Virginia
supreme Court OF Appeals. who heI1
that tho act OF seif-destruction vitiated
the contract. ana that Il would be con-
trary 10 public policy to allow award
In such eases
The case came up on appeal from the
circuit Court Of Lynchburg. In which
Mrs. Gertrude billiard sued the So
curly Life Insurance Company OF
America for tho amount Of a policy
'aken out By her husband. a suicide
ana recovered Judgment billiard com
nitteh suicide on the last day on which
nus policy was In force, and when
though the last premium had not beeu
paid, the court held II could have I'm
the most liberal Interpretation Q: it's
terms. been considered in force
me insurance company based its
appeal on the refusal of the trial court
10 use the defendants instruction. The
court further instructs tho Jury that
even II the policy on which this action
Is rounded had not lapsed at the time
OF the death Of the insured. but was
theh IN force. nevertheless, II the re-
SUIT OF suicide. or self -h"struction, they
must ind for the defendant"
AGAINST PUBLIC policy
." hstlNST
Judge Kelly held that on the sound
est coisidcrations Of public policy there
ought not 10 h". ami under the prinri.
pies ANA authorities ALREADY adopted
ana endorsed by the court there can
hot V" any recovery upon the caHs lie
cited decision Of the House of Lords
or the british Parliament, which. in a
noted case. held that contract to In
sure against the commission OF a crime
could not be Sustained
re cited another opinion. similar TO
That given In the McCue suit for tho
recovery OF an Insurance policy. that a
policy or life insurance does not insure
against legal execution, even II II he
aftcrward proved that the executed
person was innocent
Diilard applied for reinstatement by
IN" insurance company before his death
but the plaintiff denied that she was
pound by the application for reinstate-
ment. and contended that the original
pohcy. though ontaining a provision
against self dcstruction limited that
provision To ono year from the issuance
or IN" policy. and claimed that In.
provision against sclf-destruction had
no other effect than TO show suicide as
one OF the risks contemplated.
The court held that IL was not nec.s
sary 10 go into a discussion Of these
contentious. as, under the authorities
quoted. the result would he the same
our decision OF this case" wrote
Judge Kelly, rests entirely upon the
combinations OF public policy above
reverted TO and fully discussed In the
foregoing authorities These consid-
erations have to do not with the In
terests Of the parties litigant. but with
the public veal. and they overreach I'm
case shown by the record to call for
their exercise, all mere formal rules
OF procedure. They can no more be
waived. either Intentionally or unin
tentionally by stipulation or defts in
the pleadines than by provisions or
omissions In the contract in ltisa-
ton
billiard insured himself In 1905. and
had difficuity in meeting his premiums
The las; premium fell due before his
death and was unpaid. The cause was
remanded for new trial, In accord
ance WITH the principles laid Gown in
the opinion.
ALEXANDRIA ANNEXATION
CASE ls REVERSED
In the case OF the City Council of
Alexandria against Alexandria County
and others. on appeal from the Circuit
Court or Alexandria County. the decision
or the lower court was reversed the
opinion being written by Judge r H
cardwen
The City OF Alexandria applied TO
the Circuit Court for an order an
neNing TO the city certain territory to
Counties, and Judge Bennett r. Cor
don, OF the Twenty ninth Judicial
Court, was designated TO sit in the
nearing. He refused TO grant the order
or annexation. and assessed the costs
OF the hearing against the city. An
appeal was taken. aud Judge Cardweh.
IN an opinion OF NOR. than thirty pages
held that Judge Gordon erred in dis
missing The petition of the city.
Ihe case came up In the trial court
>
ing all issues were determined in favor
or tn. defendant counties. The an
neNation order asked for is similar 10
that granted to Richmond when South
Richmond and other territory were an
neNed, and like reasons as to the
health OF the city, its crowded con-
dttton and its physical needs for ex-
tension, were given
EVIDENT THAT ALEXANDRIA
NEEDS TO EXPAND
Judge Cardwell wrote that he could
not say that the evidence was sufficient
to require Judge Gordon to order and
direct the annexation of all the terri
tory asked for, but he was of the
opinion that it was both necessary and
expedient that some territory be an
neSed to the city 10 meet it's present
needs as we'll AS those which NAV be
expected to arise in the reasona bly,
near future.
Alexandria was founded in 174S, and
it's limits have been increased and d.
nintshed at various times. In 1871 the
limits were diminished for political
reasons. SO now the city has only 713
acres, or Il little more than square
mile.
1t Is bounded on the East by the Po-
tomac River, on the South by Fairfax
County. on the West by Fairfax and
Alexandria Counties, and on the North
Nv ha la
city can be extended on hut two sides.
the North and West, for the reason that
land between the corporate limits and
Hunting Creek. south OF the city, is
not suitable or desirable for city pur-
poses, and is included in the petition
only that tho city may go to the mid
die OF the creek for drainage purposes.
The area desired is approximate
1915 acres. or about two square miles
500 acres from Alexandria County, and
40 acres from Fairfax County. Though
the citizens of tine county and about