Evening capital news. (Boise, Idaho) 1901-1927, 1916-03-28
Temp INSURANCE
CASE DECIDED BY
JUDGE MCCARTHY
Held That Policies Amount
ing to $4,000 Are Payable
to Brothers of Edward
Lemp, Deceased.

The insurance money, amounting to
$3.50 on two policies which were car
tied BY Edward Lernp, now deceased,
goes to his brothers, Bernard and Herb
ert Lemp, as separate property, and
not to his wife. Mary w. Lemp, ac-
col nng to a decision handed down yes
ter lay by Judge Charles P. Mccarthy,
oil the Third judicial district court,
passing on the case involving these
two policies in the matter OF the estate
OF Edward Lemp. He also holds that
the item of $4O9.40. being the interest
OF the decedent in certain insurance
on the life of his father, John Lemp.
was separate property and was passed
by the will to the deceased brothers
na.ned above. The decision is q legal
viz tory for the brothers and their at
torney, C. II. Lingentelter. The pro-
tie court held for the wife of the de-
ceased, Mary w. Lemp, represented by
r. H. Johnson, on the grounds the in
surance was community property. From
tho order and decision of the probate
court the issues were taken before the
district court.
Is Important Case.
Few cases tried in the district court
are said to involve such interesting
legal questions regarding insurance
policies. The facts leading up to the
Litigation are briefly as follows: There
wore two items involved. The first for
the S40940 mentioned above and the
second the $4,000 insurance. John Lemp,
before his death, and a number of
oars before the death of his son, Ed
u ard, took out an insurance policy for
1000 in the New York Life Insurance
3mpany, on behalf and in the name Of
, -dward. The original beneficiary
famed in this policy was Katherine
emp. Edwards mother. The policy
! rovided that in the event Of her
rior death the insurance should be
aid to the insured executors, admins
traitors or assigns. or to such other
eneficiary as should be designated
NY the Insured. 1t also provided that
lie insured could at any time during
ne continuance of the policy change
ae beneficiary by written notice to
the company. Upon the death of Ilath-
orine Temp. the original beneficiary.
Edward Lemp> made his father. John
Lemp, the beneficiary, in accordance
with the provisions OF the policy.
Holds Insurance Separate Property.
In 1908 Edward Lemp married Mary
W. Lemp John Lemp, his father
continued to pay all the premiums on
the policy until his death in July, 1912.
A short time after the death OF his
father, Edward Lemp made a will In
which he hequeathed all Of his estate.
in the event of death, to his brothers,
Bernard and Herbert. Edward died in
September. 1912.
The main issue raised in the attempt
Of Mary w. Lemp to collect the insur-
ance from the estate, as stated in the
decision Of Judge Mccarthy is: Is
the interest Of the estate Of Edward
Lemp in the item of $4,000 insurance
money, separate OF community prop
erty?a
Regarding the Issue of whether the
insurance is separate or community
property, Judge Mccarthy says:
while this question, like all other
questions involved in this case, is
close and debatabIe. 1t is my opinion
that under the rules laid down by the
authorities the interest of the estate of
Edward Lemp in the insurance policy
and its proceeds is separate property
of the estate"
Taking up the contention Of the
counsel regarding the provisions made
by Edward Lemp IN his Will, Judge
Mccarthy discusses them at some
length. He says:
Construction of Will.
"The next question is whether the
right to the insurance money passes
TO the brothers, Herbert and Bernard
by the will.
THE respondents first contention is