Joseph P. Bradley

“ On this ground we hold, that where, as in this case, a brother takes out a policy on his own life for the benefit of his sister, it is totally immaterial what arrangement they choose to make between them about the payment of the premiums. The policy is not a wager policy. ”

“ France, at the time the insurance was effected, was one of Chew's next of kin, prospectively interested in his estate as a distributee. We concur in the construction of the policy made by the court, and in the validity of the transaction. As held by us in the case of the Connecticut Mutual Life Insurance Company v. Schaefer, supra, p. 457, any person has a right to procure an insurance on his own life and to assign it to another, provided it be not done by way of cover for a wager policy ”

“ But as between brother and sister, or other near relations, desirous of thus providing for each other, and, as said by Chief Justice Shaw, presumed to be actuated by 'considerations of strong morals, and the force of natural affection between near kindred operating often more efficaciously than those of positive law' (Loomis v. Eagle Life Ins. Co., 6 Gray, 399) , the case is divested of that gambling aspect which is presented where where is nothing but a speculative interest in the death of another, without any interest in his life to counterbalance it. ”