Minnesota Supreme Court
196 Minn. 60 (1935)
After ten years of marriage, Ira Collins Soper secretly left his wife Adeline Johnson Westphal (plaintiff) in Louisville, Kentucky and moved to Minnesota. At the time he disappeared Ira’s vehicle was found at the bank of a nearby canal along with portions of his clothes and hat. Inside the vehicle were several notes leading Adeline to believe that Ira had committed suicide. While in Minnesota, Ira assumed the name John W. Young, purchased a successful fuel business with an acquaintance, and married Gertrude Whitby (defendant). Shortly thereafter Ira, as John W. Young, purchased a life insurance policy which provided that all proceeds were to go to “the surviving wife” upon his death. After his death many years later, proceeds from the life insurance policy were given to Gertrude as the surviving wife. When Adeline learned of this she filed suit in state court to recover the insurance money. The trial court held for Gertrude and Adeline appealed.
Rule of Law
Holding and Reasoning (Olson, J.)
Dissent (Olsen, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 240,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.