Van Dyke v. Ætna Life Insurance

91 S.E. 600, 173 N.C. 700, 1917 N.C. LEXIS 381

Opinion

PbR OukiaM.

All persons who have any interest in the insurance money for which the defendant is liable are parties to this action and are bound by the judgment, and it follows that the defendant will be fully protected by the payment of the money, which it admits to be due.

As was said in Hocutt v. R. R., 124 N. C., 217, the probability of a controversy between the wife and the children does not concern the defendant.

It is therefore unnecssary to consider the questions discussed in the briefs as to the right of the insured to change the beneficiary by his will.

Affirmed.