HARRISON VS. McCONKEY. 35

his wife in the event of his death, the sum for which he insur-
ed. After the death of Harrison, in November, 1846, McCon-
key received the amount secured by the policy, which latter
was delivered to the agent of the company, and transmitted to
the general agent in New York.

McConkey having been nearly paid without resorting to the
proceeds of the policy, the same was claimed by the widow of
the deceased, whose administrator set up a counter claim there-
to, and by his answer denied that his intestate made any such
assignment as was valid and effectual in law, to vest the policy
or the proceeds thereof in the complainant.]

THE CHANCELLOR :

I am of opinion, upon the facts proved in this case, that there
was such a consummate transfer and delivery of the policy in
question, as took from the husband the legal power and do-
minion over it; that after he had assigned the policy by in-
dorsement and delivery to the defendant, McConkey, for the
purposes disclosed in the evidence, there no longer remained to
the assignor any authority or control over it; that the property
passed by the indorsation and delivery; and that upon the
death of Harrison, the insurance company had full authority to
pay the money to McConkey, the assignee, without the inter-
position of the administrator of Harrison.

This is not like the cases of Pennington vs. Fatterson, 2
Gill & Johns., 208—and Bradley and wife vs. Hunt, 5 Gill &
Johns., 54, in which the legal power and dominion over the
property in dispute, remained, notwithstanding the acts done,
by the alleged donors; but it is the case of a complete and
absolute transfer of the entire possession and title, leaving the
party making the transfer, no power whatever over the subject,
and requiring nothing of him or his administrator to perfect it.

It is believed that according to the reasoning of the Court of
Appeals, in the cases referred to, that tribunal would hold the
right of the wife, in this case, to be good against the adminis-
trator of the husband.

I shall accordingly so order, but the case must go to the