A Treatise On the Law of Real Property

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Welch, 84 Me. 308.
« Beadle ». Beadle, 40 Fed. Rep. 315.
■■ Rose V. Richmond, 17 Nev. 35.
8 Riddle ®. Whitehill, 135 U. S. 631; Mitchell v. Read, 61 N. T. 133.
9 In re Hallett's Estate, 13 Cli. Div. 696, 712; Holmes «. Gilman, 138 N, Y. 369.
'"West «. Skip, 1 Ves. Sr. 239; Knox ». Gye, 5 H. L. 656; Hastings d. Drew, 76 N. Y. 9; Bartlett v. Drew, 57 N. Y. 587.
§ 1063] USES AND TRUSTS. 1093 insurance on his life in the name and for the benefit of his wife, and paid the premiums of the pohcies who
...lly out of such funds until his death, the surviving members of the firm are entitled to the whole amount of the insurance, pro- vided the amount did not exceed the amount appropriated by the deceased partner.' If the party had been insolvent and not connected with a partnership, and used his own money, his creditors could only recover the amount he had paid as premiums, even though the premiums are paid by the insolvent husband with moneys which, or some pai;t of which, ought to have been used for the payment of his debts, yet if there was no fraud as between the wife and the insurance company, the wife can hold the policy as against creditors of the husband, except the amount which had been wrongfully used in the payment of premiums.

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