Page:Federal Reporter, 1st Series, Volume 7.djvu/629

 BBOOKHAUS V. KEMNA. 617 �sistent with a reserved right of revocation in the insured. And this evidently is the view of Mr. Justice Cassoday, who files a separate opinion in the case, marked by his nsaal research, and in which the authorities are industriously col- lected ; for, while he conours in the conclusion of the major- ity of the court, as I understand him, he plants his opinion on the ground that the children of the inaured acquired an absolute vested interest in the policy as between them and their father. �These are the decisions upon the question in this state, and they are substantially followed by Clmrter Oak Life Ins. Go. V. Brant, 4c'i Mo. 419, and Gamh v. Covenant Mut. Life Ins. Co. 50 Mo. 44. �In Ricker v. The Charter Oak Life Ins. Co. 6 N. W. Eep. 771, decided by the supreme court of Minnesota, precisely the opposite view was taken from that held in Clark v. Durand. The facts were that a person procured insurance on his own life, payable on his death to his then wife, if then living ; otherwise, to his children. His wife died, leav- ing her husband and their children surviving her. At her death all premiums had been paid. Afterwards the insured again married, and then, without the consent of his chil- dren, surrendered his policy to the company, and took a paid-up policy, payable to his second wife. It was held that the transaction, on his part, was in the nature of an irrevocable and executed voluntary settlement upon his first wife and the children, and that the surrender of the first policy was invalid, as against the children. �In Sandrum v. Knowles, 22 N. J. Eq. Eep. 594, a policy of insurance was taken by a wife on the life of her husband in favor of her children. After the payment of a succession of premiums she assigned the policy in payment of a debt of her husband, and the assignee paid the premiums thereafter accruing. After the death of the husband, the children claimed the whole sum due on the policy, and it was held that up to the time the mother ceased to pay the premiums,. the transaction was an executed gift by the mother, enforce- ��� �