Massachusetts Supreme Judicial Court May 21, 1901 (Weatherbee v. New York Life Insurance)

Holmes, C. J.

This is an action at law upon a policy of insurance issued to the plaintiff and subsequently surrendered by her husband without her knowledge, he taking a new policy payable to himself. The proceeding is not a bill in equity and is not brought for the purpose of enforcing a trust in the second contract. See Nesbitt v. Berridge, 10 Jur. (N. S.) 53; Barry v. Brune, 71 N. Y.