MUELLER v. GAIR

29 VLR 263·HODGES, J.

29 VLR 263

MUELLER v. GAIR Supreme Court of Victoria HODGES, J. April 23, 24, 1903, 11 June 1903 Life assurance — Companies Act 1900 (No. 1699), s. 3, sub-ss. (1) and (3) — Protection of policy moneys from creditors — Married Women's Property Act 1890 (No. 1116), s. 14 — Policy for benefit of wife — Death of wife before husband — Resulting trust — Marshalling assets .

The effect of sec. 3, sub-sec. (3), of Act No. 1699 is to protect the policy moneys maturing at death of assured, and in which he has a property or interest, from the creditors of the assured without any limitation as to the amount, unless there is an express direction in the will of the assured to apply them to the payment of his debts.

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