Wood v James [1954] HCA 77

Wood v James [1954] HCA 77

The beneficiary described in the policy as 'the wife of the assured' is the assured's wife at the date of the policy. As the wife named in the policy (the first wife) predeceased the assured and the sum became payable after her death, the benefit vested in those children of the assured surviving him. The subsequent marriage of the assured did not affect the construction of the trust created by the policy. The rule that a gift to a spouse refers to the spouse at the date of the instrument applies, and nothing in the policy displaces this presumption.

Parties
Appellant; Defendant: Mary Josephine Wood; Respondents; Plaintiffs: James and others (three children of the first marriage)
Jurisdiction
Australia
Judgment Date
15 December 1954
Procedural Posture
Appeal / Appeal From the Supreme Court of Western Australia (dwyer C.j.)
Outcome
appeal dismissed with costs
Legal Topics
Construction of Insurance Policies, Beneficiaries Under Life Assurance, Statutory Trusts, Married Women's Property Act
Insurance Law Succession Law Construction of Insurance Policies Beneficiaries Under Life Assurance Statutory Trusts Married Women's Property Act

Case Brief

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Parties

Mary Josephine Wood

Appellant; Defendant

James and others (three children of the first marriage)

Respondents; Plaintiffs

Procedural Posture

Appeal / Appeal From the Supreme Court of Western Australia (dwyer C.j.)

Legal Issues

  1. 1 Whether a policy expressed to be for the absolute benefit of 'the wife of the assured' refers to the wife at the date of the policy or any wife surviving the assured
  2. 2 Whether the children of the assured are entitled to the insurance proceeds if the wife named in the policy predeceased the assured and he remarried

Ratio Decidendi

The beneficiary described in the policy as 'the wife of the assured' is the assured's wife at the date of the policy. As the wife named in the policy (the first wife) predeceased the assured and the sum became payable after her death, the benefit vested in those children of the assured surviving him. The subsequent marriage of the assured did not affect the construction of the trust created by the policy. The rule that a gift to a spouse refers to the spouse at the date of the instrument applies, and nothing in the policy displaces this presumption.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.