Dictus

See Alias. DIE; DYING; DEATH. In several phrases, have a technicaJ meaning: Die by his own hand or by suicide, [n policies of life insurance, used in a proviso exempting the company from liability. In such case the words mean: (1) That if the assured, being in the possession of his ordinary reasoningfaculties, from any cause and by any means, intentionally takes his own life, there can be no recovery; 'Medbury ti. Watson, 6 Mete. 259 (1843); Gordon v. Parmelee, 2 Allen, 214 (1881).."State V. Clarke, 3 Nev. 572 (1867), Beatty, C. J. "Eohrback v. Germania Fire Ins. Co., 62 N. T. 68,1875), rolger, J. »Buchner v. Chicago, &o. E. Co., 60 Wis. 267-69 1884), Cassoday, J. 'Carroll v. Lessee of Carroll, 16 How. 287 (1853), Jurtis, J.; 6 Wheat. 399. 'United States v. County of Clark, 96 U. S. 218 (2) that if the death is caused by the voluntary act of the assured, he knowing and intending that death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, oonsesequences, and effects of the act; or when he is impelled thereto by an insane impulse, which he has no power to resist,— such death is not within the contemplation of the parties, and the insurer is liable.' The proviso refers to an act of crtmma! self-destruction; it does not apply to an insane person who takes his own lite intending to take it, and knowing that death would be the result.' "Die by his own hand," "die by suicide," and " commit suicide," are synonymous with volimtary suicide. 2 But the addition of the condition " sane or insane " will relieve the insurer, whatever be the condition of mind of the insured. 'i ' In 1872, when Terry's Case was decided, there was a conflict of opinion as to the interpretation to be placed upon the words "die by his own hand" or "die by suicide." All authorities agreed that the phrases did not cover every possible case of self-destniction in a blind frenzy or under an overwhelming insane impulse. Some courts held that they included every case in which a man, sane or insane, voluntarily took his own life; others, that insane self-destruction was not within the condition.. If a man's reason is so clouded or disturbed by insanity as to prevent his understanding the real nature of his act, as regards either its physical consequence or its moral aspect, the case appears to come within the forcible words uttered by the late Mr. Justice Nelson, when Chief Justice of New York, in the earliest American case upon the subject: " Self-destructionby a fellow-being, bereft of reason, can with no more propriety be ascribed to his own hand than to the deadly instrument that he may have used for the purpose; "and, whether it was by drowning, poisoning, hanging or other manner, " was no more his act, in the sense of the law, than if he had been impelled by irresistible physical power. " * Die in consequence of a violation of law. Expresses another condition under which a policy of life insurance will be rendered void. In a recent case It was held that so long as there was a violation of law on the part of the assured, and death as its result, it was immaterial in what manner the death was produced, excepting that there must 1 Mutual Life Ins. Co. v. Teny, 15 Wall. 583 (1872), Hunt, J.; 1 DUl. 403. ' Bigelow 0. Berkshire Life Ins. Co., 93 U. S. 286 (1876), cases; Connecticut Mut. Life Ins. Co. v. Groom, 86 Pa. 96-98 (1878), cases; Cooper v. Massachusetts Life Ins. Co., 102 Mass. 228 (1869), cases; Knights of the Golden Rule v. Ainsworth, 71 Ala. 444-49 (1882), cases. ' Charter Oak Life Ins. Co. v. Eodel, 96 U. S. aS'i (1877), cases. ' Manhattan Life Ins. Co. v. Broughton, 109 U. S. 127, have been a direct connection between the criminal act and the death, i In such case " violation of law " means crime; and " known violation of law " indicates a voluntary criminal act. The burden of proof is upon the insurer.* Death from suicide is not a death "In violation of the criminal laws " of New York.^ Bie without children, heirs, or issue. In a will, as applied to realty, prima facie import an indeflnite failure of issue, — total extinction of the testator's family, or the death of all his descendants to the remotest generation. - This has uniformily been the construction, when there were no expressions in the will controlling the legal meaning of the words, or pointing to a definite failure of issue.* As applied to personalty, construed to mean dying without heirs living at the death of the devisee.5 When^there is anything in a gift or limitation to show th^t the testator meant a failm-e of Issue in the life-time of the first taker, instead of an indefmits failure, a limitation over is construed as an executory devise in defeasance of a fee-simple, and not as a remainer sustained by an estate-tail.' Whether a presumption that a person died without issue will be indulged depends upon the circumstances shown in each case. If, for instance, circumstances are proven indicating non-marriage or childlessness, then death without issue may be presumed.' See further Definite; Issue, 5.