A LIFE INSURANCE CASE.

Taranaki Daily News, Volume XXXXII, Issue 98, 23 May 1900, Page 2

A LIFE INSURANCE CASE.

[per pbess association.] Wellington, May 22.

In the Supreme Court to-day, the Chief Justice dolivorod judgment in tlio case of D.iph v. the Commissioner of Government Insurance. The case related to a question of assigned policies and the refusal of the Commissioner to I register a memorandum of transfer to an infant, and also to allow the cancellation of the transfer and the execution of a new assignment to plaintifl as trustee for liis sou. In His Honour's i opinion, if the transfer was properly executed by the transferee, even though he was under 21 years of age, the .Department ought not to refuse to register it. A purchase by an infant was not void; it was only voidable, and he might avoid it after he obtained his majority. His Honour accordingly answered the questions put as follows: —(1) Dofeudant was not jubtified in refusing to register the memorandum of transfer; (2) as to whether Josoph Dolph, junr,, could repudiate the gift after he was 21, in His Honour's opinion he could; (3) he thought the Department was right in not allowing the transfer to be caccolled, for he was of opinion that the transfer stands and remains good unless the infant should, on attaining 21, avoid it. If there was any doubt as to the legality of transfers to infants, it should icstantly be set at rest by legisluion. Life insurance was, in tbis colony, u.'in.sl universal, and nothing regarding it ought to bo left in doubt. Further, he could not see why the State should not encourage the making of provision for children by fathers and relatives insuring themselves. Such bont-ficial proceedings should bo aided in every way possible.