Hopkins v. Hopkins

The bill charged that Frederick E. Hopkins, father of the appellant, died in the year 1896, leaving one son and a daughter by his first wife, and two daughters by his second wife ; that at the time of his death he held a policy of life insurance for the sum of three thousand dollars in the “ Catholic Benevolent Legion,” payable to Eleanora C. Hopkins, his second wife, who has collected tlje full amount and deposited it in her individual name, in “ The Border State Savings Bank of Baltimorethat from the death of Elizabeth Hopkins, his first wife, and mother of the appellant, in the year 1888, who was at that time the sole beneficiary of the policy, to the father’s second marriage, a period of one year and eleven months, the entire amount of the expenses of membership in the company was paid by the plaintiff; that this amount was paid by an agreement with the father, that he (the plaintiff) should be the sole beneficiary of this policy, but shortly after the second marriage, Eleanora C. Hopkins was made the sole beneficiary and was such at the date of his father’s death. The bill further charged that the second wife was made the beneficiary, on the condition and by an agreement with her husband that upon his death the plaintiff should receive a fair and reasonable share and proportion of the policy ; that while no par ⁶⁸² ticular, specific or ratable part was named, yet it should be a fair and reasonable proportion ; that all these facts and circumstances were made known to the wife before she was made the beneficiary and with this knowledge she agreed that the plaintiff should share as co-beneficiary in its benefit; that notwithstanding this agreement she now refuses to pay the plaintiff any part thereof, although requested so to do. The bill then alleged that the plaintiff was without remedy except in a Court of Equity, and the prayer of the bill is for an injunction to restrain the bank from paying over the sum of one thousand dollars of the policy of insurance until the rights of the parties are determined in a Court of Equity, and concludes with a prayer for general relief. An injunction was granted on the 17th of November, 1896, but was afterwards, on the 18th of the