Thurmond v. Spoon

3 Citing cases

  1. Bebee v. Aetna Life Ins. Co.

    200 S.E.2d 295 (Ga. Ct. App. 1973)   Cited 1 times

    Held: Despite the recent case of Thurmond v. Spoon, 125 Ga. App. 811 ( 189 S.E.2d 92), wherein this court in a divided decision upheld the direction of a verdict in the lower court where the facts were somewhat similar, in this case there are issues of fact as to the true claimant to the funds, and we must affirm the lower court in denying summary judgment. Judgment affirmed. Hall, P. J., and Clark, J., concur.

  2. Mitchell v. Mitchell

    191 S.E.2d 587 (Ga. Ct. App. 1972)   Cited 7 times
    In Mitchell, the insured, who was hospitalized with terminal cancer, completed the change of beneficiary forms and delivered them to his mother.

    Baldwin v.Wheat, 170 Ga. 449 ( 153 S.E. 194). A mere intention to change the beneficiary without some overt act in that direction is not sufficient, but where an insured does substantially all he is able to do to effect a change his intention is established. Faircloth v. Coleman, 211 Ga. 356 ( 86 S.E.2d 107). And see Thurmond v. Spoon, 125 Ga. App. 811 ( 189 S.E.2d 82). Here the insured was confined in a hospital with terminal cancer. He completed the change of beneficiary form prior to his death and delivered it to his mother — overt acts.

  3. Kohlmeyer Co. v. Bowen

    192 S.E.2d 400 (Ga. Ct. App. 1972)   Cited 16 times
    Applying 8-319

    It may be simply by the making of one's mark — usually an "X." Horton v. Murden, 117 Ga. 72 (1) ( 43 S.E. 786); Thurmond v. Spoon, 125 Ga. App. 811 (3) ( 189 S.E.2d 82), and citations. Another may sign for the maker when directed or authorized, and the signature becomes his own. Reinhart v. Miller, 22 Ga. 402 ( 68 AD 506). A signing by stencil is good if it is adopted as one's signature.