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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1700   View pdf image (33K)
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1700 ARTICLE 45.

For cases involving act of 1841, ch. 161 (suspending execution against husband's
curtesy during wife's life), see Jordan v. Reynolds, 105 Md. 296; Logan v. McGill, 8
Md. 469.

See sec. 6 and notes, and art. 46, secs. 1-4 and notes.

As to an assignment of husband's dower, see art. 46, sec. 32, et seq.

See art. 93, sec. 310, et seq.

An. Code, sec. 8. 1904, sec. 8. 1888, sec. 8. 1862, ch. 9. 1868, ch. 471, sec. 101.

1898, ch. 457, sec. 8.

8. Any married woman by herself and in her name or in the name of
any third person with his assent as her trustee may insure or cause to be
insured for her sole use the life of her husband for any definite period or
for the term of his natural life; and any husband may cause his own life to
be insured for the sole use of his wife and may also assign any policy of
insurance upon his own life to his wife for her sole use; and in case of
the wife surviving her husband, the sum or net amount of such insurance
becoming due and payable by the terms of the insurance shall be payable
to her for her own use, free from the claims of the representatives of her
husband, or any of his creditors.

A life insurance policy payable to wife of the insured, but reserving in him the
power to change the beneficiary without, wife's consent, is not exempt from creditors
under this or following section. In re. Jones, 249 Fed. (D. Ct. Md.) 487.

An assignment by husband and wife of insurance payable to the wife may be made
notwithstanding this section. Emerick v. Coakley, 35 Md. 190.

This section in connection with sec. 9, makes it clear that a voluntary assign-
ment of a policy by a man to his wife or children, is free from all claims of creditors.
Earnshaw v. Stewart, 64 Md. 514.

Purpose of this section. Its application is not restricted to husbands who are able
to pay their debts. Elliott v. Bryan, 64 Md. 370.

A married woman may sue in her own name for insurance under this section.
Contract for insurance held to have been made with husband and wife. Mutual
Life Ins. Co. v. Stibbe, 46 Md 312.

This section fully protects insurance due wife on husband's life from claims of
representatives of husband or his creditors. Pratt v. Hill, 124 Md. 255.

Workmen's compensation benefits are not assignable nor subject to execution or
attachment—art. 101, sec. 52.

See art. 83, sec. 8.

See art. 48A, sec. 86.

An. Code, sec. 9. 1904, sec. 9. 1888, sec. 9. 1878, ch. 200. 1898, ch. 457.

9. All policies of life insurance upon the life of any person which may
hereafter mature, and which have been or shall be taken out for the benefit
of or bona fide assigned to the wife or children or any relative dependent
upon such person or any creditor shall be vested in such wife or children or
other relative or creditor, free and clear from all claims of the creditors of
such insured person.

This section protects insurance taken out for benefit of, or bona fide assigned to,
the wife or children or to any relative dependent upon insured or to any creditor of
his, from claims of creditors of such insured person. Pratt v. Hill, 124 Md. 255.

This section in connection with sec. 8, makes it clear that a voluntary assignment
of a policy by a man to his wife or children is free from all claims of creditors.
The words " bona fide " as here used, construed. Earnshaw v. Stewart, 64 Md. 514.

This section does not amend or restrict" sec. 8. It is an enabling, and not a restrain-
ing, statute. Elliott v. Bryan, 64 Md. 371.

See art. 83, sec. 8, and notes to sec. 8 (this article).

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1700   View pdf image (33K)
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