Elliott v. Bryan

Bryan, J., after stating the case, delivered the opinion of the Court. The Act of 1362, ch. 9, was amendatory of the eighth section of Art. 45 of the Code of Public General Laws. It provided that a husband might cause his own life to be insured for the sole use of his wife, and might also assign any policy of insurance on his own life to his wife, for her •sole use, and that in case the wife survived the husband, the amount of such insurance should be payable to her for her own use free from .the claims of the representatives of her husband, or any of his creditors. ³⁷¹ This statute is one of a series of enactments in furtherance of the policy of protecting married women. It enables a husband to provide a fund for the benefit of his wife, in which his creditors have no interest or concern.

It is nothing to the purpose that the creditors may be unable to obtain payment of their claims out of the husband’s property. This was the very exigency which the statute was intended to meet; this was the occasion when the wife needed protection. It would have been unnecessary to exempt the proceeds of the insurance from the claims of creditors, in cases where the husband’s property was sufficient to pay them. It was contemplated, that in cases where the creditors could not otherwise obtain payment, they would resort to this settlement on the wife; and at this point the statute interposes and secures it to her.

There is no restriction, qualification or proviso in the Act of Assembly, and it would be against common reason to except from its operation the cases of husbands who were unable to pay their debts. The Act of 1878, ch. 200, is stated in its title to be intended to authorize the issuing of policies of life insurance for the benefit of the wife, children, dependent relative, or creditor of any person in this State. It provides that policies of life insurance taken out for the benefit of, or bona fide assigned to any of the persons named, shall be vested in them free and clear from all claims of the creditors of such insured person. It has been said in behalf of the appellees, that the rights of a husband under the Act of 1862 are restricted by this Act; and that as an assignment of