Note 585 — POLICY OF INSURANCE ON LIVES.
Reading edition
There is another case in which it is important to ascertain whether a person was in imminent danger, for if a contract for the purchase of a presentation be entered into while the incumbent is known by the parties to be in great danger, it is simoniacal. In Fox v. Bishop of Chester, Spring Assizes, 1821, after a long consultation the following issues were agreed to be put to the jury.
1st. Whether Mr. T. and Mr. F. or either of them knew, that Mr. B. (the incumbent) was in great danger at the time of the execution of the deed?—Verdict. That they both knew of it.
2d. Whether Mr. B. was afflicted with a mortal disease and in great danger?—Verdict. Yes.
3d. Whether Mr. T. and Mr. F. or either of them believed that Mr. B.’s life was despaired of at the time of the execution of the deed?—Verdict. That his life was despaired of by both of them.
4th. Whether the life of Mr. B. was actually despaired of at the time of the execution of the deed.—Verdict. That it was.