Z450/54

Harbett’s Life Policy. Case for the Opinion of Mr. Hill. The facts in Z450/53 stated in more detail.

15 January 1851

From: 1851 To: 1851

Personal effects of William Harbett amounted to about £200 and said life policy. Debts (including mortgage debts of £3000). After claim was rejected by Insurance Company, Mr. Smith placed the title deeds and securities in the hands of Mr. Lamb, their solicitor, to assist them in substantiating their claim against Mr. Hunt. Application was also made by Mr. Lamb, without any knowledge of the previous application of Mr. Hunt On the death of Mr. Harbett, the agent in Luton informed the Insurance Company of the death, and the Secretary and Solicitor came to Toddington to make enquiries among the servants and others, who ‘being relations of the deceased, were very much annoyed at Mr. Hunt having made a will for Mr. Harbett in favour of himself and his relations. . . .’ and so may have exaggerated the amount of spirits consumed by Mr. Harbett. Company presumed that fraud had been practised Due to conflicting claims a bill was filed in September 1847 by some of the parties claiming under the Deed of Gift against Mr. Hunt that the disposition under the will of the property which had been previously settled, should be set aside These proceeding made it impossible to commence an action against the Company for the sum assured By deed of 24 July 1850 Mr. Hunt and others conveyed the real and personal estate to Thomas Wright Richards, one of the trustees. Mr. Richards covenanted to pay debts of the estate By deed of 17 August 1850 Thomas Smith transferred said mortgage debt of £1800 to Thomas Wright Richards but not an assignment of the policy Mr. Richards wishes to bring an action for the sum assured and Counsel is requested to advise in whose name the action should be brought and what evidence is required Should be mentioned that Mr. Harbett had been rejected for insurance by the Farmers Life office before applying to the Scottish Union With advice of Mr. Hill: Action to be brought in name of Mr. Hunt as executor against the three directors who signed the policy. May be necessary to previously prove the will in Canterbury Cannot advise on evidence required until receive Company’s pleading. He needs to know whether any representations were made to the Company regarding Mr. Harbett’s intemperate habits. Depends how witnesses react. As regards the refusal of the Farmers Life office, whether this should have been communicated by the Scottish Union, is a matter for a jury, and depends on the grounds of the refusal

item

Harbett, William,
Hill,
Smith, Thomas,
Farmers Life Office,
Lamb, Henry,
Hunt,
Richards, Thomas Wright,
Scottish Union Insurance Company

insurance, debt, mortgages, LUTON, TODDINGTON, fraud, alcoholism