Z450/53

Facts for Counsel to advise upon life insurance policy of William Harbett to the commencement of an action for the sum assured.

not dated [circa 1850].

From: 1846 To: 1856

reciting the grant of the policy after medical examination, references etc. On 24 June 1846 the policy was assigned to Thomas Smith of Crawley Green, as security for £1800 owed under an indenture of mortgage (dated 12 May 1846) of an estate at Westoning, which estate having been previously settled by the deceased, it was considered necessary for the further security of the insurance to be made. Mr. Harbett died on 28 April 1847. Will proved in local court instead of Prerogative Court of Canterbury Proceedings taken in Court of Chancery taken by the interested parties under a deed of gift made by Mr. Harbett in his lifetime against Mr. Hunt, have made it impossible to commence an action until now. By deed of 24 July 1850 all the parties interested under the will assigned all the real and personal estate of said William Harbett to Thomas Wright Richards of Barford, Northamptonshire, farmer, authorising him to bring actions in the name of Mr. Hunt as executor. By deed of 17 August 1850 said Thomas Smith transferred his mortgage of £1800 to said Thomas Wright Richards but no assignment of the policy has ever been taken and no notice given to the Insurance Company. After Mr. Harbett’s death notice was given but payment was refused on grounds that fraud was practised on the Company as they had the impression that the insured killed himself with drinking and that his life was not an insurable one at the time the Policy was effected. Fact that Mr. Hunt, who was Mr. Smith’s solicitor, being engaged to obtain the insurance and afterwards making a will in his own favour ’seems to wear a fraudulent aspect’. Thomas Wright Richards having ‘obtained evidence to shew that the office were wrong in their information as to the excessive habits of drinking of the deceased. . .’ has decided to take action against the Company Counsel’s opinion requested ‘as to the nature of the evidence that will be required to substantiate the claim’.

item

Harbett, William,
Smith, Thomas,
Hunt,
Richards, Thomas Wright

insurance, Crawley Green, mortgages, WESTONING, wills, Chancery, fraud